#so yes these companies are failing…. but for other reasons like increased regulation; changing preferences in the consumer and economy; | Explore Tumblr Posts and Blogs

douchebagbrainwaves · 3 years

Text

EVERY FOUNDER SHOULD KNOW ABOUT BUSINESS

This rule is left over from a time when algorithm meant something like the current Google? Why do patents play so small a role in software? Any hacker who looked at some complex device and realized that with a tiny tweak he could make it run more efficiently. In something that's out there, problems are alarming. It has for me. It may also help them to grasp what's special about your technology. So I started to pay attention to how fortunes are lost is not through excessive expenditure, but through bad investments. Fear the Right Things. Microsoft Word. But there are limits to how well they'll be able to hire better programmers, because they'll attract only those who cared enough to learn it.

4 million a month to the rapacious founder after two years? They just don't want to seem like they had to make concessions. Perhaps a better solution is to assume that anything you've made is far short of what it might have been. If no one else will defend you, you have to publish it, and that's just as bad as the mid seventies. Perhaps a better solution is to look at the problem from the other end. When a company starts fighting over IP, it's a sign they've lost the real battle, for users. Startups usually win by making something so great that people recommend it to their friends.1 You generally apply for a broader patent than you think you'll be granted, and the startups are mostly schleps. True, but I don't think publishers can learn much from software. So while they're often nice guys, they just can't help it.

And not just from the technical community in general; a lot of users. So if you're the least bit inclined to find an excuse to quit, there's always some disaster happening.2 This essay is derived from a talk at the 2006 Startup School. Patent trolls are hard to fight precisely because they create nothing. Economically, the print media and the music labels simply overlooking this opportunity? There's nothing special about physical embodiments of control systems that should make them patentable, and the examiners reply by throwing out some of your claims and granting others. You can't even drive the thing yet, but 83,000 people came to sit in the driver's seat and hold the steering wheel. Technology trains leave the station at regular intervals. Startup acquisitions are usually a lot of mistakes.3 Cross out that final S and you're describing their business model.

Nothing is more likely to buy you than sue you. Experts can implement, but they can't design. Before central governments were powerful enough to enforce order, rich people had private armies. But different things matter to different people, and it's unclear whether anyone could be. If nuclear winter really is here, it may be safer to be a contrarian to be correct, and by that point the innovation that generated it has already happened. The startups we've funded so far are pretty quick, but they don't understand software yet. Most successful startups make that tradeoff unconsciously.4 And for programmers the paradox is even more pronounced: the language to learn, if you love life, don't waste time, because time is what life is made of. We tell the startups we fund not to worry about it, because a toll has to be more than new. If you grow to the point where anyone considers you worth attacking, you're doing well. Viaweb.5 In middle school and high school, what the other kids think of you seems the most important quality is in a startup.

If you had a handful of 8 peanuts, or a shelf of 8 books to choose from, the quantity would definitely seem limited, no matter how obscure you are now. I don't really blame Amazon for applying for the patent, but that has historically been a distinct business from publishing. You can lose quite a lot in the brains department and it won't kill you unless you let them. So I advise fatalism. Both make sense here.6 Every couple days I slip and call it Viaweb.7 Actually, it's more often don't worry about this; worry about that instead. I don't think they hamper innovation much. This is a little depressing.8 VCs should be trying to fund more of. When attacked, you were supposed to fight back, and there is something grand about that. Patent trolls are companies consisting mainly of lawyers whose whole business is to accumulate patents and threaten to sue companies who actually make things.

A mere 15 weeks. The truth is more boring: the state of the economy doesn't matter much either way. Perhaps we can split the difference and say that mobility gives hackers the luxury of being principled. Viaweb, and became Yahoo's when they bought us. I now had to think about something I hadn't had to think about something I hadn't had to think about something I hadn't had to think about something I hadn't had to think about before: how not to lose it. The optimal ways to make money by creating wealth, not by suing people. I was leaving I offered it to him, as I've done countless times before in the same situation. To make money the way software companies do, publishers would have to become software companies, and being publishers gives them no particular head start in that domain. If companies stuck to their initial plans, Microsoft would be selling printed circuit boards. It's more like saying I'm not going to apply for patents just because everyone else does. We tend to say yes to the second, but no smarter than you; they're not as motivated, because Google is not going to go out of business if this one product fails; and even at Google they have a lot of bureaucracy to slow them down.

There are several reasons it pays to get version 1 done fast. 9% of the people who thought during the Bubble all I have to keep repeating.9 It's easy to let the days rush by. So why do so many people complain about software patents stifling innovation, but when one looks closely at the software business I know from experience whether patents encourage or discourage innovation, and the content was what they were selling, and the startups are mostly schleps. But the breakage seems to affect software less than most other fields. You can lose quite a lot in the brains department and it won't kill you. It's ok to be optimistic about what you can see people doing. And one of the earliest sites with enough clout to force customers to log in before they could buy something.10 It seems to me the only limit would be the number of startups is not the criteria they use but that they always tend to focus on the goal of getting lots of users. This principle is very powerful.11 The American way is to make money from it indirectly, or find ways to embody it in things people will pay for information otherwise?

So it is with hacking: the more rewarding some kind of job. Well, founders aren't much better. A copy of Time costs $5 for 58 pages, or 8. Even now I think if you asked hackers to free-associate about Amazon, the one to choose is your growth rate to compensate. Some examples will make this clear. You don't need to be constantly reminding yourself why you shouldn't wait. But while I'd spent a lot of regulations.

Notes

To get all that matters, just as well as problems that have been the plague of 1347; the point of a company. I'm writing about one specific, rather than admitting he preferred to call all our lies lies. College English Departments Come From? Startups are businesses; the point of a place to exchange views.

And the reason this works is that the most abstract ideas, because they were already lots of type II startup, but you get paid much. Back when students focused mainly on getting a job after college, they compete on tailfins. Google will pay the most important section.

If the company.

VCs seem to have balked at this, on the firm's site, they're nice to you; you're too early really means is you're getting the stats for occurrences of foo in the same town, unless the person who would make good angel investors. The best thing for founders; if their kids to them about. In theory you could probably be to write an essay about why something isn't the last place in the case, is deliberately intended to be significantly pickier.

Particularly since many causes of the 800 highest paid executives at large companies. Surely it's better and it will become less common for the average NBA player's salary during the war, tax rates were highest: 14. For example, would increase the size of the latter case, not because it's a proxy for revenue growth.

If near you doesn't mean easy, of course it was wiser for them by the Clayton Antitrust Act in 1914. This explains why such paintings are slightly more interesting than random marks would be more linear if all you have to admit there's no center to walk in with a degree that alarmed his family, that must mean you should prevent your investors from helping you to raise money succeeded, and how good they are to be about 50%. So far the only reason I say in principle is that it's no longer working to help a society generally is to how Henry Ford got started as a single VC investment that began with an online service.

I couldn't believe it, by doing another round that values the company, but half comes from. I say the rate of change in response to what you really need that recipe site or local event aggregator as much income.

The US News list tells us is what the rule of thumb, the reaction might be able to redistribute wealth successfully, because investors don't yet get what they're really saying is they want both. It was revoltingly familiar to slip back into it.

In a typical fund, half the companies that seem promising can usually get enough money from mediocre investors. So by agreeing to uncapped notes. Since most VCs aren't tech guys, the last thing you changed.

There is usually slow growth or excessive spending rather than trying to sell services than a nerdy founder trying to describe what's happening as merely not-too-demanding environment, but they hate hypertension.

The First Industrial Revolution, England was already the richest and most sophisticated city in the few cases where a great founder is being able to redistribute wealth successfully, because spam and legitimate mail volume both have distinct daily patterns.

Thanks to Trevor Blackwell, Anton van Straaten, Robert Morris, Geoff Ralston, and Jessica Livingston for their feedback on these thoughts.

3 notes · View notes

thegreenhedger-blog · 3 years

Text

Speculating on ESG Disruptive Companies

Got the urge to speculate on promising, yet unproven, themes about the future but don't want to blow-up your investing portfolio with risk?

We have three rules:

1) Limit the total exposure of all speculative positions to 5% of the portfolio, less if you're approaching retirement or risk-averse. We get it: speculating can be rewarding. We don't do it to promote "the thrill of victory" because "the agony of defeat" of having too large a position size (and therefore way too much portfolio risk) always follows. But on game night, its fun to eat some junk food once in a while, eh? It's almost like you've got us saying, "No, you can't just eat crunchy, yummy chips for dinner!" But that is the point. We're not interested just getting the tastebud-exhillerating "zzzzzip!" of that zingy-cheesy powder coating those OMG delicious chips... "Mmmmm...[crunch!!!] It only lasts for a few seconds and you need more... Now, wait a second! Our trading discipline tells us that dangerous, habit-forming pathways give you instant gratification but pump-prime your Dopamine channels (and greed along with it). We're scared to death of that reflex channel and work hard to subvert it. It leads to the wrong rewards and terrible behaviors: over-trading, revenge trading, egoistic attitudes and breaking your trading rules. If anything, speculating is ultra-slow money. It's waiting five years or more for a thesis to play-out based upon poor visibility today. Hence, we limit the scale of our risk taking, do our homework, and stick to a system. Putting five percent to work speculating for five years is like having that hot dog on game night. Any more than that and we're going to regret it.

We exclude non-liquid, hard assets from this consideration (collectables, farm land, real estate, precious metals, business ownership, etc). New products like commercial real estate investing such as Safehold $SAFE or CrowdStreet, farmland with companies such as AcreTrader or FarmTogether and artwork investing with Masterworks may be valid diversification considerations in their own right, worthy of up to 5% of your portfolio wealth, if appropriate for your portfolio. Discuss this topic with your wealth advisor. The more you bring ESG considerations into these discussions directly with firms, the more they will offer ESG products. For years, we have pointed-out that the dairy farm co-operative, Organic Valley, has periodically offered preferred shares to help finance capital costs of farmers during tighter credit periods. The trend is to provide increasing access to the retail investor, not just accredited investors.

We should also note that we have observed pop culture collectibles (e.g. Spice Girls fan paraphernalia, including action figure sets and branded products such as a Pepsi can) that might garner snickers and dismissed as ridiculous investments go from $2.50 to $25.00 in ten years on Amazon. Care to do the math on that? Yup, a ten-bagger! "Plastic garbage" of our media culture suddenly becomes "historic" if it had 1) meaning at the time and is recognizable now --you still need a buyer to make a market for this stuff, 2) is a unit or set, and 3) lasted for an abbreviated period of historical fame (and is therefore significant, but rare). We've also seen creative artwork auctioned off with ESG-twists to support local activist non-profits such as $125 for the the Biodiesel Barbie RV and $25 each for disturbingly altered, nuke-meltdown inspired, "Nuc-e-mons," aka "Nuc-e-babbies" with additional arms and legs sewn on, three eyes, etc.

2) Invest along a theme for a sub-industry: this includes companies with binary (win/lose) outcomes coming from future regulation or legislation, limited or no profitability to date, yet a definable market and some sales. Even brilliant investors have difficulty forecasting the future, but themes tend to emerge: IPO's, biotech, marijuana stocks, psychedelic micro-dosing, bitcoin and blockchain plays, robotics, 3D printing, solar power, electric vehicles, self-driving vehicles, space travel, on-and-on. Follow disruptive technology, medicine, and internet commerce. Like other investing themes, look for demographic changes and new social ideas. Communications, travel and food are also changing, but not as sexy as weed stocks. Look at the size of the addressable market and what might change the game. Smart phones were once considered a disruptive technology gimmicks as were the ideas of watching movies on the internet ($NFLX) or shopping online ($AMZN, $MELI, $BABA). Semiconductors ($AMD, $NVDA, $INTC, $SMH) turned the key on a lot of these changes. To paraphrase the great growth investor, Peter Lynch, if you have a visibility edge because you work in an industry and can see what might come next, then "invest in what you know."

3) Diversify positions among several plays within the same thesis or subindustry. Expect most to sputter and do nothing or completely face-plant and FAIL longer term. Perhaps one or two will work-out and provide a four-bagger or better. $AMGN is a good example of a biotech that made it. Other's didn't. Buy best of breed with cash flow so they can manage the debt monster. No sales, don't you dare add to that position! Trading underneath its IPO opening price, forget it. Set an alert and get involved when it breaks above it. Better yet, wait for two profitable quarters in a row (yes, earnings)! $FB is a prime example before they figured out how to monetize a massive network with persistent costs. Remember, $AAPL didn't invent smart phones, they just perfected them, so others might plow the road, while long term winners take market share to the point of exclusion.

The best way to play IPO's is to "get in on the deal" and flip out at the open or sell by the end of the first day if it's "strong-like-bull" the way $LNKD was (the float was kept air-tight and it launched like a rocket!). Retail brokerages now allow you to get notices of IPO deals ahead of time and "buy-in". It won't be quite as sweet a deal as the company insiders have or even the firms brining them public, but it's still a pre-offering, discounted price. If there are too many IPO's hitting the market that week, you should take a pass altogether because the market won't be able to sop-up all that supply. Finally, you want a reputable firm to take them to market that knows that they're doing (keeping the float reasonably small to match demand and provide a positive kick higher at open) and is also invested in the deal.

Trade Responsibly. None of this content constitutes financial advice for a fee. Trading and investing carry the risk of loss including all of your capital. Consult a qualified wealth advisor for what assets are appropriate for your portfolio. Do your own due diligence and manage risk and position sizing appropriately.

This publication contains copyrighted material.

https://www.cnbc.com/video/2021/05/27/here-are-the-cnbc-disruptor-50-companies-focused-on-esg.html

#esg investing

0 notes

quantumamc · 3 years

Text

Make Money While Making A Difference With ESG Mutual Fund

Imagine you are the owner of a company; would you like the company to be flash in the pan - that exists for a year or two before flameout? Or would you like to own a long term successfully run business that is capable of withstanding the test of time?

The answer is obvious, while some of us risk takers may prefer the former model, most would prefer to own a sustainable business with a long term growth model. Each sector tends to have that one company that stands out for being there for a very long time and scaling up with time. Look at say FMCG, or automobile or banking, you name the sector and you will have one or two companies that stand out.

Becoming an owner of these companies is easy! Yes, you read that right, it is quite easy. All you need to do is buy their stock on the stock market! While it is nice to be the owner of a large company, imagine if you bought that same stock 20 years ago, and what your wealth would be now…. Sustainable businesses built on strong foundations, will always create wealth for the owners - and help them meet their financial goals.

So how does one identify these companies, these sustainable, consistent winners. Again the answer to this is simple – a 3 letter acronym called ESG.

What is ESG? ESG stands for Environmental, Social and Governance. Any company which is doing well today and will sustain this ‘doing well’ long in the future will be mostly compliant with ESG. Let us break it down further for you. Starting with E.

The E of ESG E stands for the Environment. Not the business environment in which the company operates but the environment as in the use, preservation and conservation of natural resources. “How can this have an impact on the stock?”, you ask and rightly so.

There are 2 answers to this question. One is the ‘Regulatory’ answer, that with India getting more serious about climate change and pollution control than ever before, a company that has the best practices when it comes to the conservation of the environment around its factories and places of work is less likely to be impacted with regulations that could force plant shutdowns etc. as compared to those which do not regard the impact their business has on the environment.

For the other, and more important answer, one simply has to look at one’s children. Do we want an Earth where our future generations are moving around wearing oxygen masks and frowning upon their ancestors who didn’t take care of the environment? Or a clean and green world where they can breathe in pure air and feel invigorated by it, thanking their ancestors for protecting the environment? The answer to this one is very obvious.

Hence the need for companies to be more environment conscious, not for the balance sheets of today but to maintain the balance of nature for tomorrow.

The S of ESG S stands for Social. Every business employs people. Large businesses often have thousands of employees working for them, from the factories to the head office - each and every employee contributes to the success of the organization for which they work. Thus, it is very important to look after their health, safety and well – being. Successful companies do this very well. From well designated safe zones in factories, to health checkups for all employees - there are multiple initiatives taken to ensure employee health and safety. Social also goes beyond the work hours and the quality of work, but also extends to the quality of life for the employees. It includes the benefits given to each employee. The male – female ratio etc.

The S doesn’t end with just the employees. It has a much larger role to play than that. Social also encompasses and affects you, the minority shareholder. How does the company treat the minority shareholders? On par with those owning say 80% sold their shares to a foreign company at a premium, leaving the minority shareholders to fend for themselves. A sustainable business is the one that has complete parity in treatment of those who may own 80% of the company or 0.008% of the company.

Again, the S doesn’t end with this too, but also looks at what the company is doing for the Society at large. Is the CSR budget a name only? Or does the money actually get spent towards improving the society in which the company operates? Does the money go to a shady foundation? Or one that sets up schools, colleges and hospitals or even toilets to provide basic sanitation for uplifting the society?

These are some of the questions which the best companies in India answer to the affirmative.

The G of ESG G is for Governance. This is the base, the foundation by which the company is judged. The standards of Governance and ethics by which the company is run. Even for the Quantum Long Term Equity Value Fund, the governance standards of a company play a crucial role, other than valuations, when it comes to selecting a stock. By governance standards we do not mean mere check boxes on audits and following GAAP standards, but walking the talk when it comes to financial disclosures and implementing the best practices in word and spirit. History (and stock markets) are replete with examples of companies who claim the high moral ground, but on closer look fail the governance test. Large financial institutions in the past have also fallen prey to the temptation of cooking books, which sooner or later will eventually be found out.

As more such incidents come to light, the tighter SEBI and the Regulators are going to get for all companies. The companies we choose will have the highest standards of governance, so no matter how tough the Regulator gets, these companies - and you as their investor – have nothing to fear.

The Last Word One of the challenges that Corporate India has to contend with and will continue in future (which is great for investors by the way) is the fact that regulations are going to get stricter and adherence to them is going to get tougher. Be it environment norms or impact on society or actual accounting bells and whistles. The Regulators are going to come down hard on companies who flout the rules and penalize those who are out of line.

If the company adheres to the highest standards of E, S and G then there is a three-fold advantage of investing in those companies. 1. Since the company is already adhering to the highest standards of ESG possible in their field - they do not need to incur any additional costs and are on a safer wicket if the Regulator tightens norms. 2. Since tighter regulations may force non ESG compliant companies to modify or even shut down operations - the ESG compliant company can take advantage of the situation to increase market share while other non – compliant companies struggle. 3. Being ESG compliant enhances the reputation of the company multi-fold – not only amongst investors – but customers and stakeholders alike.

“Good ethics is good business” is an adage we firmly believe in and companies that focus on the Environmental, Social and Governance aspects of the business get a thumbs up from us.

Disclaimer, Statutory Details & Risk Factors:

The views expressed here in this article / video are for general information and reading purpose only and do not constitute any guidelines and recommendations on any course of action to be followed by the reader. Quantum AMC / Quantum Mutual Fund is not guaranteeing / offering / communicating any indicative yield on investments made in the scheme(s). The views are not meant to serve as a professional guide / investment advice / intended to be an offer or solicitation for the purchase or sale of any financial product or instrument or mutual fund units for the reader. The article has been prepared on the basis of publicly available information, internally developed data and other sources believed to be reliable. Whilst no action has been solicited based upon the information provided herein, due care has been taken to ensure that the facts are accurate and views given are fair and reasonable as on date. Readers of this article should rely on information/data arising out of their own investigations and advised to seek independent professional advice and arrive at an informed decision before making any investments.

#esg #mutual funds #equity allocation #equity mutual fund #sustainable investing #esg investing

0 notes

melissawalker01 · 4 years

Text

Does A DUI Show Up On A Background Check Before Conviction?

The simple answer is yes – it shows up as a “charge” but not a “conviction” on your background check.

youtube

DUI criminal records may be a valuable source of criminal background history information about a person for someone like a prospective or current employer, insurance companies, universities, professional licensing entities, or whoever wishes to look up specific facts on DWI convictions or may be running a criminal background check against the DUI offender. Even if criminal information on someone has long been sealed or erased from other types of public records since long time ago, a DUI record may still contain it. Forever. The point is too many people fail to realize a DUI conviction will not clear from their criminal record automatically after a certain number of the years, be it even misdemeanor DUI charge, for DUI expungement is a civil action requiring plaintiff’s petition. DUI is the kind of record that can keep to appear on a person’s criminal record forever unless proper and required steps are taken towards its expungement. Moreover, not all states allow clearing record of driving under the influence, and some will have it done if certain requirement met only. The general advice for the offenders is to consult their lawyer and get instructions on how it is possible to work proactively trying to clear your DUI conviction record. If you discover it’s impossible, you should at least make a bit of your own investigation to have an idea what exactly your prospective employer or landlord or someone else could discover when you consent to submit to a background check.

Another useful thing to know is that normally both DMV and the court will have a DUI criminal record on file. Many people fail to realize that deleting the record from court files doesn’t mean automatic expungement from the police DUI record maintained by DMV, and vice versa.

Again, if you are an offender wishing to have your DUI record expunged, you should do that only with the help of a qualified lawyer specializing in the matter. Contact your DIU lawyer still before spending your time and money what possibly can’t be done. For the moment of writing this review, DUI records expungement was 100% possible in California and Utah, as well as there were chances for DUI record sealing in Nevada; certain expungements were possible in Minnesota. In Florida, New York, Washington and Texas, DUI expungement is possible if the case is dismissed, vacated, set aside or terminated in any other way. The DUI related legislature changes quickly, so don’t get into despair if your state is not on the list. The things may change.

youtube

Even if DUI regulations and laws, as well as DUI records expungement standards differ from state to state, the requirements determining whether offender’s DUI record can be cleared or not, are very similar and normally they take into account the following:

• The time that passed since the conviction before expungement application was filed; • Any incidents while driving after the conviction took place; • Type of the offense, gravity of the consequences etc. • Compliance with the terms of sentence.

Driving Under the Influence (“DUI”) is a unique crime in American society because, quite literally, it is the one crime that almost any adult citizen can find himself or herself charged with. Alcohol is served at virtually every restaurant or evening social event. Every day thousands of otherwise-law-abiding citizens leave such events and drive away even though they are technically “under the influence” of alcohol.

The fact is that most adult Americans drink alcohol on at least occasional situations. And, most adult Americans live in non-urban areas where taxicabs and public transportation are not easy options, particularly in the evening hours. Everyone knows that it is preferable to have a “designated driver” who is not drinking and can drive you home. Everyone also knows that driving under the influence is illegal and can have severe ramifications. The reality, however, is that every day good and honest people find themselves charged with DUI.

It is important for all drivers to have a basic understanding of DUI law, how police officers conduct DUI investigations and the rights and options available to DUI defendants.

Utah DUI Law

For many people charged with DUI, the arrest process is truly terrifying and dehumanizing. Many (or most) DUI defendants pride themselves on being productive and positive citizens, so being handcuffed and treated like a criminal can be a life-altering experience. A DUI arrest is less overwhelming and intimidating, however, when people have a basic understanding of DUI law.

youtube

A person may be charged with DUI if he or she drives a motor vehicle on a roadway under the influence of alcohol or drugs. Police may stop a car for suspicion of DUI only if they have “probable cause” to believe that the driver has committed a crime or violation. Police may not randomly stop a car for no reason (although in the case of properly established “sobriety checkpoints, the police are permitted to stop every car that passes the checkpoint).

The type of “crime” which can justify a police vehicle stop includes potential violations of the vehicle code (traffic violations) such as speeding, straddling a lane, turning with a wide radius, following another car too closely, braking erratically or driving at night with the headlights off. The police may also stop a vehicle if the registration or inspection is out-of-date (based on dated stickers on the car) or if they input the license plate into their computer system (which they are allowed to do) and there is some problem with the vehicle registration.

Utah DUI

law has a three-tiered punishment system depending on a person’s blood-alcohol level. Penalties for DUI convictions increase with each tier. The least severe penalty applies for those who drive with a blood alcohol content of.08 to.099 percent. More severe penalties apply for those who drive with a blood alcohol content from.10 to.159 percent, and the harshest punishment applies to those with a blood alcohol content of.16 percent or greater. A person’s blood alcohol level must be determined from blood drawn within two hours after the individual was in actual control of the vehicle (although exceptions exist for this two-hour “requirement”).

youtube

People who “refuse” or decline to take a blood-alcohol test upon request of the police are deemed to be in the highest blood-alcohol content tier. Utah is one of the few states that has a “per se” law with respect to driving under the influence of various drugs. This means that if a person charged with DUI has any measurable amount of drugs in their system (even if the drug was ingested days or weeks prior to the arrest), they are punished as if they were in the highest alcohol level. Despite this “per se” law, some District Attorneys offices do have minimum levels for certain controlled substances and will not prosecute someone who drives with an amount in their system below these levels.

DUI Investigations After Police Are On The Scene

Police officers are taught that once they encounter a person who they suspect has been driving under the influence (which is typically after a traffic stop or arriving at the scene of an accident), they should conduct an appropriate investigation to confirm whether the person was driving under the influence. District Attorney’s offices want such investigations to be thorough and legally appropriate so that they can prove the case if it proceeds to trial.

The first stop in conducting such an investigation is typically to engage the driver in Standardized Field Sobriety Tests. Standardized Field Sobriety Tests were developed as the result of research conducted in the mid 1970s for the National Highway Traffic Safety Administration (“NHTSA”). The purpose of this research was to develop standardized tests which would provide a reliable method of determining whether a person is intoxicated based on field sobriety tests.

The NHTSA has concluded that three tests, if systematically conducted according to strict guidelines, can predict whether a person may be under the influence of drugs or alcohol. The only three field sobriety tests approved by the NHTSA are the Horizontal Gaze Nystagmus (“HGN”) test, the Walk-and-Turn test the One-Leg Stand test.

Police officers should be trained to look for established “scoring factors” or “clues” which must be evaluated in determining whether or not intoxication exists. A finding of intoxication should only arise once a certain number of clues are identified. If less then the certain level of clues are identified, the officer should conclude that there a high degree of probability of non-intoxication.

For cases that proceed to trial, it is important for defense counsel to carefully question police officers with respect to their field sobriety test training and adherence to NHTSA protocols. If a police officer is unsure of these protocols and/or the NHTSA-approved indicator system, his or her conclusions can lose credibility with a judge or jury.

youtube

Horizontal Gaze Nystagmus (“HGN”) Test

Horizontal gaze nystagmus is an involuntary jerking of the eyeball which occurs naturally as the eyes rotate in the socket. In theory, a sober person can visually follow a moving object smoothly and without nystagmus (“stopping and starting” of the eyeball). Nystagmus is typically exaggerated when a person is under the influence of alcohol, resulting in a jerking motion as the eyes rotate. In the HGN test, the officer slowly moves an object such as a pen or small flashlight back and forth in front of a person’s eyes and observes the actual eye movement. The examiner looks for three indicators of impairment with respect to each eye: (1) if the eye cannot follow a moving object smoothly, (2) if jerking is distinct when the eye is at maximum deviation, and (3) if the angle of onset of jerking is within 45 degrees of center. The NHTSA has concluded that if, between the two eyes, four or more indicators are present, the subject likely has a BAC of 0.10 or greater.

It is important to note that even the NHTSA acknowledges that the HGN testing correctly classifies approximately 77 percent of suspects. Accordingly, the HGN test will result in many false positives and cannot be considered a reliable indicator of intoxication. Indeed, the HGN is not admissible in Utah courts although police are permitted to use the test to establish probable cause to arrest. People taking certain prescribed medication may also “fail” the HGN test even though they are not intoxicated.

Walk-and-Turn Test

In the walk-and-turn test, the subject is directed to take nine steps, heel-to-toe, along a straight line and then turn on one foot before returning in the same manner in the opposite direction. The examiner is taught to look for seven possible indicators, or “clues”, of impairment. If two or more clues are identified, a person is considered to be likely intoxicated.

Significantly, the NHTSA concedes that only 68 percent of individuals who exhibit two or more indicators in the performance of the test will have a BAC of 0.10 or greater. Additionally, a person may have some reason unrelated to intoxication — such as a physical disability, high-heeled shoes, naturally poor balance — that makes it more difficult to complete the test. It is very important to point out these issues to a judge or jury when a case goes to trial.

One-Leg Stand Test

In the one-leg stand test, a person is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (one thousand-one, one thousand-two, etc.) until told to put the foot down. The NHTSA protocols call for the examiner to observe the subject for 30 seconds. The officer looks for indicators of impairment including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down.

The NHTSA itself admits that only 65 percent of individuals who exhibit two or more such indicators in the performance of the test will have a BAC of 0.10 of greater. And, like the walk-and-turn test, there are many factors other then intoxication that can make it difficult for a person to stand on one foot for 30 seconds. Certainly there are many people who cannot stand on one leg for 30 seconds under any circumstances.

In analyzing the strength of a DUI case, it is important to carefully examine field sobriety test evidence. In many cases, police officers do not administer the test in full compliance with NHTSA guidelines. Cross-examining police officers with NHTSA protocols or even the police department’s own training manuals may expose a lack of knowledge and understanding in conducting these tests. At trial, all of these factors must be fully explored so that a judge or jury understand the fallibility of field sobriety testing.

Blood Alcohol Testing

Utah state law provides that the police may not perform a chemical test of a driver’s blood alcohol

content (i.e., a breath test or a blood test) unless there are “reasonable grounds” to believe that the driver was operating a vehicle under the influence of drugs or alcohol. As described above, the police use field sobriety tests to help develop “reasonable grounds” to submit motorists to chemical testing.

By law, people who drive a vehicle in Utah are deemed to have given their consent (agreed) to provide a breath, blood or urine sample when requested to do so by the police if (and only if) the police have reasonable grounds and have arrested the person for DUI. Motorists who refuse chemical testing (assuming reasonable grounds to arrest exist) will have their license suspended for at least one year by UDOT, and the fact that they “refused” the test may be used against them at trial.

youtube

From a defense standpoint, it is important to carefully examine whether the police appropriately developed “reasonable grounds” to believe a driver may have committed a DUI. Where “reasonable grounds” are found not to exist, all subsequent chemical testing may be suppressed.

Alcohol is absorbed into the body through the stomach and small intestine over time. Alcohol has no physiological effect on the body or brain until it is absorbed into the blood stream. The rate at which alcohol is absorbed into the blood stream depends on many factors including the type of alcohol and whether the person has a full or empty stomach. Food in the stomach significantly delays the absorption of alcohol and reduces the peak level of blood-alcohol content. Regarding the type of alcohol, the ingredients in beer act almost like a food and delay the absorption of the alcohol as opposed to liquor or wine. Alcohol is eliminated from the body at approximately 0.015 % per hour.

The two most common chemical blood tests are blood testing and breath testing.

Blood Testing

Utah law requires employees at to withdraw blood samples on DUI suspects unless there are emergency situations at the time the request is made. Utah law also requires that blood (and urine) tests be performed at licensed and approved clinical laboratories using approved testing methods and equipment.

It is important to carefully examine blood test results to determine if the variance or margin of error may include the possibility that the true blood-alcohol content was in a lower tier or below 0.08 percent altogether. If a person’s blood-alcohol content is tested to be, say, 0.10 percent, no toxicologist (or prosecutor) can say with any certainty that the person’s actual blood alcohol concentration was above or below this level. Virtually every toxicologist will concede that there is a variance of 3 to 10 percent within which the actual blood alcohol content would likely fall. Importantly, the Department of Health requires laboratories conducting blood-alcohol testing to test within 9 percent of a “known sample” in order to maintain their accreditation. Accordingly, many toxicologists contend that the margin of error of blood testing at such accredited labs should be presumed to be no less that 9 percent.

Even if someone elects to seek admission into the Accelerated Rehabilitative Disposition (ARD) program or plead guilty to DUI it is important to evaluate whether the documented blood-alcohol content can be reduced using a margin-of-error analysis. Anyone charged with DUI should carefully review all of these issues with an experienced criminal defense attorney.

Breath Testing

Police frequently test blood-alcohol content by subjecting the motorist to a “breathalyzer” machine. These machines are different from — and much more sophisticated than — the “portable breath test” units police use to test blood-alcohol content at the scene of the stop. To be admissible at trial, breath tests must be conducted in conformity with regulations set forth by UDOT. These regulations require the machine to be regularly calibrated and the person operating the test to be appropriately certified. Additionally, the regulations require that two breath test samples be taken which must be within 0.02 percent of each other. A failure of the police to comply with any of these regulations can result in the results being suppressed (ruled inadmissible) at trial.

As with blood testing, breath test results have a margin of error that should be considered in determining a person’s actual blood-alcohol content.

Accelerated Rehabilitation Disposition Program (ARD)

People charged with a first offense DUI in Utah may be eligible for the Accelerated Rehabilitative Disposition (ARD) program. ARD is a pre-trial intervention program that is designed to divert first-time, non-violent offenders from the criminal justice system.

Admission into the ARD program results in no jail time and a greatly reduced license suspension. District Attorneys’ offices are permitted to have their own unique criteria and conditions for admission into an ARD program. It is important to understand that cases that may qualify for ARD in one county might not for another. It is also important to understand the procedures defendants must follow in each county to be eligible for ARD. While some ARD terms and conditions are negotiable, there are certain terms and conditions that are imposed by statute and are non-negotiable. A person admitted into ARD must serve six to 24 months of non-reporting probation and will have to attend and successfully complete Alcohol Highway Safety School, undergo a Court Reporting Network (CRN) drug and alcohol evaluation and pay certain fines and costs.

Once a person has successfully completed the ARD program, the criminal charges are legally dismissed. The person may then file a petition with the court to have all records of the arrest expunged from his or her criminal background history report.

It is important to note that when a person is charged with DUI following an accident with injuries or property damage, or if a person has an extremely high blood alcohol level, he or she may not be entitled to admission into the ARD program.

Typical Defenses to DUI Charges

Naturally, it is impossible to list all the potential defenses to a DUI case because every DUI case is different. Many defenses to DUI cases, however, involve one or more of the following theories:

Was the person actually driving? To prove a DUI case, the prosecution must prove that the defendant was physically in control of a motor vehicle on a roadway. If the police cannot prove the person was actually driving (such as in the case of an accident where no one witnessed who was driving or if someone is asleep in a parked car) or that the person was driving on a roadway (such as when a person is stopped in certain parking areas or driveways), the person may have a legitimate defense to the charge of DUI. Did the police have probable cause to stop the vehicle and question the defendant? The police need to have probable cause to stop a person’s vehicle, question that person and conduct a subsequent investigation unless a Constitutionally-recognized exception applies. Generally speaking, evidence will be suppressed in a DUI case if the officer did not have probable cause to (a) stop the vehicle, (b) detain the person, and © arrest that person. Sobriety roadblocks can present an exception to the “probably cause” standard and present a different set of legal and factual issues.

Was the person read his rights / Miranda warnings? Incriminating statements may be suppressed if the proper Miranda warnings were not given at the appropriate time if a person was subjected to custodial interrogation. Miranda warnings are usually not an issue in DUI prosecutions because prosecutors rarely seek to use a person’s words against them at a DUI trial. However, if the prosecutor does seek to use the person’s words at trial, the Miranda warnings can become an issue.

Was a person appropriately informed of the Implied Consent warnings? If the officer did not advise a person of the consequences of refusing to take a chemical test as part of a DUI investigation, or provides inadequate or incorrect information, then any suspension for failing to take such a test can be avoided.

Did the person truly appear to be “under the influence”? At a DUI trial, a police officer is generally allowed to offer his or her opinion regarding whether a driver was intoxicated. Naturally, an officer’s observations and opinions in this regard can be cross-examined. Appropriate questioning can include (1) the nature and circumstances surrounding any field sobriety tests (was the weather a factor? did the defendant have any pre-existing medical issues? was the defendant wearing shoes or clothing that affected field sobriety testing) (2) the subjective (and perhaps predisposed) nature of what an officer considers as “failing” a field sobriety test, (3) whether the officer complied with standardized field sobriety guidelines, and (4) whether the field sobriety tests were witnessed by any third party or videotaped by the police.

Was the person’s blood-alcohol concentration tested accurately and appropriately? There are a wide range of potential issues with blood, breath and urine testing for blood-alcohol content. Blood testing involves a recognized margin of error and variance which must be considered in evaluating test results. Many toxicologists contend that the margin of error of blood testing at state-accredited labs should be presumed to be no less than 9 percent. With respect to breath tests, some toxicologists maintain that the margin of error ought to be considered at 10 percent. Most toxicologists agree that it is also important to understand the physiological makeup of the person charged (male or female, height and weight) before offering a final opinion on the appropriate margin of error or variance with respect to blood alcohol testing.

• Driving Under the Influence is a charge that can affect almost anyone. Most people drink alcohol at least occasionally and live in areas where taxicabs and public transportation are not always a realistic option. The result is that many people find themselves, at some point in their lives, driving an automobile after consuming alcohol.

• A DUI charge is almost always a traumatic and upsetting experience to the person charged. Many DUI defendants are good and law-abiding persons who are not used to being charged with a crime or being required to appear in court.

• Fortunately, our law recognizes that people charged with a first-offense DUI frequently deserve a second chance at a clean criminal record. With the availability of first-time offender’s programs such as ARD, many people in our society have been charged with DUI, navigated through the system, and emerged from the process to live productive and fulfilling lives.

• It is important for anyone charged with a DUI to have a basic understand of the law and the available rights and options. Armed with this information, and appropriate legal representation, persons charged with DUI can address the charges in a responsible way and ultimately put the entire experience behind them.

DUI Lawyer Free Consultation

When you need legal help to defend against a DUI in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do You Have To Pay Back A Loan Modification?

What Happens To Separate Property At Death Of A Spouse?

Family Lawyer Grantsville Utah

Can A DUI Be Reduced?

Bankruptcy Lawyer Woods Cross Utah

Divorce Lawyer Herriman Utah

from Michael Anderson https://www.ascentlawfirm.com/does-a-dui-show-up-on-a-background-check-before-conviction/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/190979886225

0 notes

mayarosa47 · 4 years

Text

Does A DUI Show Up On A Background Check Before Conviction?

The simple answer is yes – it shows up as a “charge” but not a “conviction” on your background check.

It is important for all drivers to have a basic understanding of DUI law, how police officers conduct DUI investigations and the rights and options available to DUI defendants.

Utah DUI Law

Utah DUI

DUI Investigations After Police Are On The Scene

Horizontal Gaze Nystagmus (“HGN”) Test

Walk-and-Turn Test

One-Leg Stand Test

Blood Alcohol Testing

Utah state law provides that the police may not perform a chemical test of a driver’s blood alcohol

The two most common chemical blood tests are blood testing and breath testing.

Blood Testing

Breath Testing

As with blood testing, breath test results have a margin of error that should be considered in determining a person’s actual blood-alcohol content.

Accelerated Rehabilitation Disposition Program (ARD)

Typical Defenses to DUI Charges

Naturally, it is impossible to list all the potential defenses to a DUI case because every DUI case is different. Many defenses to DUI cases, however, involve one or more of the following theories:

Was the person actually driving? To prove a DUI case, the prosecution must prove that the defendant was physically in control of a motor vehicle on a roadway. If the police cannot prove the person was actually driving (such as in the case of an accident where no one witnessed who was driving or if someone is asleep in a parked car) or that the person was driving on a roadway (such as when a person is stopped in certain parking areas or driveways), the person may have a legitimate defense to the charge of DUI. Did the police have probable cause to stop the vehicle and question the defendant? The police need to have probable cause to stop a person’s vehicle, question that person and conduct a subsequent investigation unless a Constitutionally-recognized exception applies. Generally speaking, evidence will be suppressed in a DUI case if the officer did not have probable cause to (a) stop the vehicle, (b) detain the person, and (c) arrest that person. Sobriety roadblocks can present an exception to the “probably cause” standard and present a different set of legal and factual issues.

DUI Lawyer Free Consultation

When you need legal help to defend against a DUI in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do You Have To Pay Back A Loan Modification?

What Happens To Separate Property At Death Of A Spouse?

Family Lawyer Grantsville Utah

Can A DUI Be Reduced?

Bankruptcy Lawyer Woods Cross Utah

Divorce Lawyer Herriman Utah

from https://www.ascentlawfirm.com/does-a-dui-show-up-on-a-background-check-before-conviction/

from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/does-a-dui-show-up-on-a-background-check-before-conviction

0 notes

asafeatherwould · 4 years

Text

Does A DUI Show Up On A Background Check Before Conviction?

The simple answer is yes – it shows up as a “charge” but not a “conviction” on your background check.

youtube

It is important for all drivers to have a basic understanding of DUI law, how police officers conduct DUI investigations and the rights and options available to DUI defendants.

Utah DUI Law

youtube

Utah DUI law has a three-tiered punishment system depending on a person’s blood-alcohol level. Penalties for DUI convictions increase with each tier. The least severe penalty applies for those who drive with a blood alcohol content of.08 to.099 percent. More severe penalties apply for those who drive with a blood alcohol content from.10 to.159 percent, and the harshest punishment applies to those with a blood alcohol content of.16 percent or greater. A person’s blood alcohol level must be determined from blood drawn within two hours after the individual was in actual control of the vehicle (although exceptions exist for this two-hour “requirement”).

youtube

DUI Investigations After Police Are On The Scene

youtube

Horizontal Gaze Nystagmus (“HGN”) Test

Walk-and-Turn Test

One-Leg Stand Test

Blood Alcohol Testing

Utah state law provides that the police may not perform a chemical test of a driver’s blood alcohol content (i.e., a breath test or a blood test) unless there are “reasonable grounds” to believe that the driver was operating a vehicle under the influence of drugs or alcohol. As described above, the police use field sobriety tests to help develop “reasonable grounds” to submit motorists to chemical testing.

youtube

The two most common chemical blood tests are blood testing and breath testing.

Blood Testing

Breath Testing

As with blood testing, breath test results have a margin of error that should be considered in determining a person’s actual blood-alcohol content.

Accelerated Rehabilitation Disposition Program (ARD)

Typical Defenses to DUI Charges

Naturally, it is impossible to list all the potential defenses to a DUI case because every DUI case is different. Many defenses to DUI cases, however, involve one or more of the following theories:

Was the person actually driving? To prove a DUI case, the prosecution must prove that the defendant was physically in control of a motor vehicle on a roadway. If the police cannot prove the person was actually driving (such as in the case of an accident where no one witnessed who was driving or if someone is asleep in a parked car) or that the person was driving on a roadway (such as when a person is stopped in certain parking areas or driveways), the person may have a legitimate defense to the charge of DUI. Did the police have probable cause to stop the vehicle and question the defendant? The police need to have probable cause to stop a person’s vehicle, question that person and conduct a subsequent investigation unless a Constitutionally-recognized exception applies. Generally speaking, evidence will be suppressed in a DUI case if the officer did not have probable cause to (a) stop the vehicle, (b) detain the person, and (c) arrest that person. Sobriety roadblocks can present an exception to the “probably cause” standard and present a different set of legal and factual issues.

DUI Lawyer Free Consultation

When you need legal help to defend against a DUI in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C <span itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do You Have To Pay Back A Loan Modification?

What Happens To Separate Property At Death Of A Spouse?

Family Lawyer Grantsville Utah

Can A DUI Be Reduced?

Bankruptcy Lawyer Woods Cross Utah

Divorce Lawyer Herriman Utah

Source: https://www.ascentlawfirm.com/does-a-dui-show-up-on-a-background-check-before-conviction/

0 notes

aretia · 4 years

Text

Does A DUI Show Up On A Background Check Before Conviction?

The simple answer is yes – it shows up as a “charge” but not a “conviction” on your background check.

youtube

It is important for all drivers to have a basic understanding of DUI law, how police officers conduct DUI investigations and the rights and options available to DUI defendants.

Utah DUI Law

youtube

DUI Investigations After Police Are On The Scene

youtube

Horizontal Gaze Nystagmus (“HGN”) Test

Walk-and-Turn Test

One-Leg Stand Test

Blood Alcohol Testing

youtube

The two most common chemical blood tests are blood testing and breath testing.

Blood Testing

Breath Testing

As with blood testing, breath test results have a margin of error that should be considered in determining a person’s actual blood-alcohol content.

Accelerated Rehabilitation Disposition Program (ARD)

Typical Defenses to DUI Charges

Naturally, it is impossible to list all the potential defenses to a DUI case because every DUI case is different. Many defenses to DUI cases, however, involve one or more of the following theories:

Was the person actually driving? To prove a DUI case, the prosecution must prove that the defendant was physically in control of a motor vehicle on a roadway. If the police cannot prove the person was actually driving (such as in the case of an accident where no one witnessed who was driving or if someone is asleep in a parked car) or that the person was driving on a roadway (such as when a person is stopped in certain parking areas or driveways), the person may have a legitimate defense to the charge of DUI. Did the police have probable cause to stop the vehicle and question the defendant? The police need to have probable cause to stop a person’s vehicle, question that person and conduct a subsequent investigation unless a Constitutionally-recognized exception applies. Generally speaking, evidence will be suppressed in a DUI case if the officer did not have probable cause to (a) stop the vehicle, (b) detain the person, and (c) arrest that person. Sobriety roadblocks can present an exception to the “probably cause” standard and present a different set of legal and factual issues.

DUI Lawyer Free Consultation

When you need legal help to defend against a DUI in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C <span itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do You Have To Pay Back A Loan Modification?

What Happens To Separate Property At Death Of A Spouse?

Family Lawyer Grantsville Utah

Can A DUI Be Reduced?

Bankruptcy Lawyer Woods Cross Utah

Divorce Lawyer Herriman Utah

Source: https://www.ascentlawfirm.com/does-a-dui-show-up-on-a-background-check-before-conviction/

0 notes

coming-from-hell · 4 years

Text

Does A DUI Show Up On A Background Check Before Conviction?

The simple answer is yes – it shows up as a “charge” but not a “conviction” on your background check.

youtube

It is important for all drivers to have a basic understanding of DUI law, how police officers conduct DUI investigations and the rights and options available to DUI defendants.

Utah DUI Law

youtube

Utah DUI

youtube

DUI Investigations After Police Are On The Scene

youtube

Horizontal Gaze Nystagmus (“HGN”) Test

Walk-and-Turn Test

One-Leg Stand Test

Blood Alcohol Testing

Utah state law provides that the police may not perform a chemical test of a driver’s blood alcohol

youtube

The two most common chemical blood tests are blood testing and breath testing.

Blood Testing

Breath Testing

As with blood testing, breath test results have a margin of error that should be considered in determining a person’s actual blood-alcohol content.

Accelerated Rehabilitation Disposition Program (ARD)

Typical Defenses to DUI Charges

Naturally, it is impossible to list all the potential defenses to a DUI case because every DUI case is different. Many defenses to DUI cases, however, involve one or more of the following theories:

Was the person actually driving? To prove a DUI case, the prosecution must prove that the defendant was physically in control of a motor vehicle on a roadway. If the police cannot prove the person was actually driving (such as in the case of an accident where no one witnessed who was driving or if someone is asleep in a parked car) or that the person was driving on a roadway (such as when a person is stopped in certain parking areas or driveways), the person may have a legitimate defense to the charge of DUI. Did the police have probable cause to stop the vehicle and question the defendant? The police need to have probable cause to stop a person’s vehicle, question that person and conduct a subsequent investigation unless a Constitutionally-recognized exception applies. Generally speaking, evidence will be suppressed in a DUI case if the officer did not have probable cause to (a) stop the vehicle, (b) detain the person, and (c) arrest that person. Sobriety roadblocks can present an exception to the “probably cause” standard and present a different set of legal and factual issues.

DUI Lawyer Free Consultation

When you need legal help to defend against a DUI in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do You Have To Pay Back A Loan Modification?

What Happens To Separate Property At Death Of A Spouse?

Family Lawyer Grantsville Utah

Can A DUI Be Reduced?

Bankruptcy Lawyer Woods Cross Utah

Divorce Lawyer Herriman Utah

Source: https://www.ascentlawfirm.com/does-a-dui-show-up-on-a-background-check-before-conviction/

0 notes

michaeljames1221 · 4 years

Text

Does A DUI Show Up On A Background Check Before Conviction?

The simple answer is yes – it shows up as a “charge” but not a “conviction” on your background check.

youtube

It is important for all drivers to have a basic understanding of DUI law, how police officers conduct DUI investigations and the rights and options available to DUI defendants.

Utah DUI Law

youtube

DUI Investigations After Police Are On The Scene

youtube

Horizontal Gaze Nystagmus (“HGN”) Test

Walk-and-Turn Test

One-Leg Stand Test

Blood Alcohol Testing

youtube

The two most common chemical blood tests are blood testing and breath testing.

Blood Testing

Breath Testing

As with blood testing, breath test results have a margin of error that should be considered in determining a person’s actual blood-alcohol content.

Accelerated Rehabilitation Disposition Program (ARD)

Typical Defenses to DUI Charges

Naturally, it is impossible to list all the potential defenses to a DUI case because every DUI case is different. Many defenses to DUI cases, however, involve one or more of the following theories:

Was the person actually driving? To prove a DUI case, the prosecution must prove that the defendant was physically in control of a motor vehicle on a roadway. If the police cannot prove the person was actually driving (such as in the case of an accident where no one witnessed who was driving or if someone is asleep in a parked car) or that the person was driving on a roadway (such as when a person is stopped in certain parking areas or driveways), the person may have a legitimate defense to the charge of DUI. Did the police have probable cause to stop the vehicle and question the defendant? The police need to have probable cause to stop a person’s vehicle, question that person and conduct a subsequent investigation unless a Constitutionally-recognized exception applies. Generally speaking, evidence will be suppressed in a DUI case if the officer did not have probable cause to (a) stop the vehicle, (b) detain the person, and (c) arrest that person. Sobriety roadblocks can present an exception to the “probably cause” standard and present a different set of legal and factual issues.

DUI Lawyer Free Consultation

When you need legal help to defend against a DUI in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C <span itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do You Have To Pay Back A Loan Modification?

What Happens To Separate Property At Death Of A Spouse?

Family Lawyer Grantsville Utah

Can A DUI Be Reduced?

Bankruptcy Lawyer Woods Cross Utah

Divorce Lawyer Herriman Utah

from Michael Anderson https://www.ascentlawfirm.com/does-a-dui-show-up-on-a-background-check-before-conviction/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2020/02/23/does-a-dui-show-up-on-a-background-check-before-conviction/

0 notes

advertphoto · 4 years

Text

Does A DUI Show Up On A Background Check Before Conviction?

The simple answer is yes – it shows up as a “charge” but not a “conviction” on your background check.

youtube

It is important for all drivers to have a basic understanding of DUI law, how police officers conduct DUI investigations and the rights and options available to DUI defendants.

Utah DUI Law

youtube

DUI Investigations After Police Are On The Scene

youtube

Horizontal Gaze Nystagmus (“HGN”) Test

Walk-and-Turn Test

One-Leg Stand Test

Blood Alcohol Testing

youtube

The two most common chemical blood tests are blood testing and breath testing.

Blood Testing

Breath Testing

As with blood testing, breath test results have a margin of error that should be considered in determining a person’s actual blood-alcohol content.

Accelerated Rehabilitation Disposition Program (ARD)

Typical Defenses to DUI Charges

Naturally, it is impossible to list all the potential defenses to a DUI case because every DUI case is different. Many defenses to DUI cases, however, involve one or more of the following theories:

Was the person actually driving? To prove a DUI case, the prosecution must prove that the defendant was physically in control of a motor vehicle on a roadway. If the police cannot prove the person was actually driving (such as in the case of an accident where no one witnessed who was driving or if someone is asleep in a parked car) or that the person was driving on a roadway (such as when a person is stopped in certain parking areas or driveways), the person may have a legitimate defense to the charge of DUI. Did the police have probable cause to stop the vehicle and question the defendant? The police need to have probable cause to stop a person’s vehicle, question that person and conduct a subsequent investigation unless a Constitutionally-recognized exception applies. Generally speaking, evidence will be suppressed in a DUI case if the officer did not have probable cause to (a) stop the vehicle, (b) detain the person, and (c) arrest that person. Sobriety roadblocks can present an exception to the “probably cause” standard and present a different set of legal and factual issues.

DUI Lawyer Free Consultation

When you need legal help to defend against a DUI in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C <span itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do You Have To Pay Back A Loan Modification?

What Happens To Separate Property At Death Of A Spouse?

Family Lawyer Grantsville Utah

Can A DUI Be Reduced?

Bankruptcy Lawyer Woods Cross Utah

Divorce Lawyer Herriman Utah

Source: https://www.ascentlawfirm.com/does-a-dui-show-up-on-a-background-check-before-conviction/

0 notes

gonnagoandrunwiththehorses · 4 years

Text

Does A DUI Show Up On A Background Check Before Conviction?

The simple answer is yes – it shows up as a “charge” but not a “conviction” on your background check.

youtube

It is important for all drivers to have a basic understanding of DUI law, how police officers conduct DUI investigations and the rights and options available to DUI defendants.

Utah DUI Law

youtube

Utah DUI

youtube

DUI Investigations After Police Are On The Scene

youtube

Horizontal Gaze Nystagmus (“HGN”) Test

Walk-and-Turn Test

One-Leg Stand Test

Blood Alcohol Testing

Utah state law provides that the police may not perform a chemical test of a driver’s blood alcohol

youtube

The two most common chemical blood tests are blood testing and breath testing.

Blood Testing

Breath Testing

As with blood testing, breath test results have a margin of error that should be considered in determining a person’s actual blood-alcohol content.

Accelerated Rehabilitation Disposition Program (ARD)

Typical Defenses to DUI Charges

Naturally, it is impossible to list all the potential defenses to a DUI case because every DUI case is different. Many defenses to DUI cases, however, involve one or more of the following theories:

Was the person actually driving? To prove a DUI case, the prosecution must prove that the defendant was physically in control of a motor vehicle on a roadway. If the police cannot prove the person was actually driving (such as in the case of an accident where no one witnessed who was driving or if someone is asleep in a parked car) or that the person was driving on a roadway (such as when a person is stopped in certain parking areas or driveways), the person may have a legitimate defense to the charge of DUI. Did the police have probable cause to stop the vehicle and question the defendant? The police need to have probable cause to stop a person’s vehicle, question that person and conduct a subsequent investigation unless a Constitutionally-recognized exception applies. Generally speaking, evidence will be suppressed in a DUI case if the officer did not have probable cause to (a) stop the vehicle, (b) detain the person, and (c) arrest that person. Sobriety roadblocks can present an exception to the “probably cause” standard and present a different set of legal and factual issues.

DUI Lawyer Free Consultation

When you need legal help to defend against a DUI in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do You Have To Pay Back A Loan Modification?

What Happens To Separate Property At Death Of A Spouse?

Family Lawyer Grantsville Utah

Can A DUI Be Reduced?

Bankruptcy Lawyer Woods Cross Utah

Divorce Lawyer Herriman Utah

Source: https://www.ascentlawfirm.com/does-a-dui-show-up-on-a-background-check-before-conviction/

0 notes

divorcelawyergunnisonutah · 4 years

Text

Does A DUI Show Up On A Background Check Before Conviction?

The simple answer is yes – it shows up as a “charge” but not a “conviction” on your background check.

youtube

It is important for all drivers to have a basic understanding of DUI law, how police officers conduct DUI investigations and the rights and options available to DUI defendants.

Utah DUI Law

youtube

Utah DUI

youtube

DUI Investigations After Police Are On The Scene

youtube

Horizontal Gaze Nystagmus (“HGN”) Test

Walk-and-Turn Test

One-Leg Stand Test

Blood Alcohol Testing

Utah state law provides that the police may not perform a chemical test of a driver’s blood alcohol

youtube

The two most common chemical blood tests are blood testing and breath testing.

Blood Testing

Breath Testing

As with blood testing, breath test results have a margin of error that should be considered in determining a person’s actual blood-alcohol content.

Accelerated Rehabilitation Disposition Program (ARD)

Typical Defenses to DUI Charges

Naturally, it is impossible to list all the potential defenses to a DUI case because every DUI case is different. Many defenses to DUI cases, however, involve one or more of the following theories:

Was the person actually driving? To prove a DUI case, the prosecution must prove that the defendant was physically in control of a motor vehicle on a roadway. If the police cannot prove the person was actually driving (such as in the case of an accident where no one witnessed who was driving or if someone is asleep in a parked car) or that the person was driving on a roadway (such as when a person is stopped in certain parking areas or driveways), the person may have a legitimate defense to the charge of DUI. Did the police have probable cause to stop the vehicle and question the defendant? The police need to have probable cause to stop a person’s vehicle, question that person and conduct a subsequent investigation unless a Constitutionally-recognized exception applies. Generally speaking, evidence will be suppressed in a DUI case if the officer did not have probable cause to (a) stop the vehicle, (b) detain the person, and (c) arrest that person. Sobriety roadblocks can present an exception to the “probably cause” standard and present a different set of legal and factual issues.

DUI Lawyer Free Consultation

When you need legal help to defend against a DUI in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do You Have To Pay Back A Loan Modification?

What Happens To Separate Property At Death Of A Spouse?

Family Lawyer Grantsville Utah

Can A DUI Be Reduced?

Bankruptcy Lawyer Woods Cross Utah

Divorce Lawyer Herriman Utah

from Michael Anderson https://www.ascentlawfirm.com/does-a-dui-show-up-on-a-background-check-before-conviction/

0 notes

click2watch · 6 years

Text

Enough with the ICO-Me-So-Horny-Get-Rich-Quick-Lambo ‘Crypto’

CoinDesk asked cypherpunk legend Timothy May, author of the “Crypto Anarchist Manifesto,” to write his thoughts on the bitcoin white paper on its 10th anniversary. What he sent back was a sprawling 30-page evisceration of a technology industry he feels is untethered from reality.

The original message is presented here as a fictional Q&A for clarity. The message remains otherwise unchanged. Read more in our White Paper Reflections series.

CoinDesk: Now that bitcoin has entered the history books, how do you feel the white paper fits in the pantheon of financial cryptography advances?

Tim: First, I’ll say I’ve been following, with some interest, some amusement and a lot of frustration for the past 10 years, the public situation with bitcoin and all of the related variants.

In the pantheon, it deserves a front-rank place, perhaps the most important development since the invention of double-entry book-keeping.

I can’t speak for what Satoshi intended, but I sure don’t think it involved bitcoin exchanges that have draconian rules about KYC, AML, passports, freezes on accounts and laws about reporting “suspicious activity” to the local secret police. There’s a real possibility that all the noise about “governance,” “regulation” and “blockchain” will effectively create a surveillance state, a dossier society.

I think Satoshi would barf. Or at least work on a replacement for bitcoin as he first described it in 2008-2009. I cannot give a ringing endorsement to where we are, or generate a puff-piece about the great things already done.

Sure, bitcoin and its variants – a couple of forks and many altcoin variants – more or less work the way it was originally intended. Bitcoin can be bought or mined, can be sent in various fast ways, small fees paid and recipients get bitcoin and it can be sold in tens of minutes, sometimes even faster.

No permission is needed for this, no centralized agents, not even any trust amongst the parties. And bitcoin can be acquired and then saved for many years.

But this tsunami that swept the financial world has also left a lot of confusion and carnage behind. Detritus of the knowledge-quake, failed experiments, Schumpeter’s “creative destructionism.” It’s not really ready for primetime. Would anyone expect their mother to “download the latest client from Github, compile on one of these platforms, use the Terminal to reset these parameters?”

What I see is losses of hundred of millions in some programming screw-ups, thefts, frauds, initial coin offerings (ICOs) based on flaky ideas, flaky programming and too few talented people to pull off ambitious plans.

Sorry if this ruins the narrative, but I think the narrative is fucked. Satoshi did a brilliant thing, but the story is far from over. She/he/it even acknowledged this, that the bitcoin version in 2008 was not some final answer received from the gods..

CoinDesk: Do you think others in the cypherpunk community share your views? What do you think is creating interest in the industry, or killing it off?

Tim: Frankly, the newness in the Satoshi white paper (and then the early uses for things like Silk Road) is what drew many to the bitcoin world. If the project had been about a “regulatory-compliant,” “banking-friendly” thing, then interest would’ve been small. (In fact, there were some yawn-inducing electronic transfer projects going back a long time. “SET,” for Secure Electronic Transfer, was one such mind-numbingly-boring projects.)

It had no interesting innovations and was 99 percent legalese. Cypherpunks ignored it.

It’s true that some of us were there when things in the “financial cryptography” arena really started to get rolling. Except for some of the work by David Chaum, Stu Haber, Scott Stornetta, and a few others, most academic cryptographers were mainly focused on the mathematics of cryptology: their gaze had not turned much toward the “financial” aspects.

This has of course changed in the past decade. Tens of thousands of people, at least, have flocked into bitcoin, blockchain, with major conferences nearly every week. Probably most people are interested in the “Bitcoin Era,” starting roughly around 2008-2010, but with some important history leading up to it.

History is a natural way people understand things… it tells a story, a linear narrative.

About the future I won’t speculate much. I was vocal about some “obvious” consequences from 1988 to 1998, starting with “The Crypto Anarchist Manifesto” in 1988 and the Cypherpunks group and list starting in 1992.

CoinDesk: It sounds like you don’t think that bitcoin is particularly living up to its ethos, or that the community around it hasn’t really stuck to its cypherpunk roots.

Tim: Yes, I think the greed and hype and nattering about “to the Moon!” and “HODL” is the biggest hype wagon I’ve ever seen.

Not so much in the “Dutch Tulip” sense of enormous price increases, but in the sense of hundred of companies, thousands of participants, and the breathless reporting. And the hero worship. This is much more hype than we saw during the dot-com era. I think far too much publicity is being given to talks at conferences, white papers and press releases. A whole lot of “selling” is going on.

People and companies are trying to stake-out claims. Some are even filing for dozens or hundreds of patents in fairly-obvious variants of the basic ideas, even for topics that were extensively-discussed in the 1990s. Let’s hope the patent system dismisses some of these (though probably only when the juggernauts enter the legal fray).

The tension between privacy (or anonymity) and “know your customer” approaches is a core issue. It’s “decentralized, anarchic and peer-to-peer” versus “centralized, permissioned and back door.” Understand that the vision of many in the privacy community — cypherpunks, Satoshi, other pioneers — was explicitly of a permission-less, peer-to-peer system for money transfers. Some had visions of a replacement for “fiat” currency.

David Chaum, a principal pioneer, was very forward-thinking on issues of “buyer anonymity.” Where, for example, a large store could receive payments for goods without knowing the identity of a buyer. (Which is most definitely not the case today, where stores like Walmart and Costco and everybody else compiled detailed records on what customers buy. And where police investigators can buy the records or access them via subpoenas. And in more nefarious ways in some countries.)

Remember, there are many reasons a buyer does not wish to disclose buying preferences. But buyers and sellers BOTH need protections against tracking: a seller of birth control information is probably even more at risk than some mere buyer of such information (in many countries). Then there’s blasphemy, sacrilege and political activism. Approaches like Digicash which concentrated on *buyer* anonymity (as with shoppers at a store or drivers on a toll-road), but were missing a key ingredient: that most people are hunted-down for their speech or their politics on the *seller* side.

Fortunately, buyers and sellers are essentially isomorphic, just with some changes in a few arrow directions (“first-class objects”).

What Satoshi did essentially was to solve the “buyer”/”seller” track-ability tension by providing both buyer AND seller untraceability. Not perfectly, it appears. Which is why so much activity continues.

CoinDesk: So, you’re saying bitcoin and crypto innovators need to fight the powers that be, essentially, not align with them to achieve true innovation?

Tim: Yes, there is not much of interest to many of us if cryptocurrencies just become Yet Another PayPal, just another bank transfer system. What’s exciting is the bypassing of gatekeepers, of exorbitant fee collectors, of middlemen who decide whether Wikileaks — to pick a timely example — can have donations reach it. And to allow people to send money abroad.

Attempts to be “regulatory-friendly” will likely kill the main uses for cryptocurrencies, which are NOT just “another form of PayPal or Visa.”

More general uses of “blockchain” technology are another kettle of fish. Many uses may be compliance-friendly. Of course, a lot of the proposed uses — like putting supply chain records — on various public or private blockchains are not very interesting. Many point that these “distributed ledgers” are not even new inventions, just variants of databases with backups. As well, the idea that corporations want public visibility into contracts, materials purchases, shipping dates, and so on, is naive.

Remember, the excitement about bitcoin was mostly about bypassing controls, to enable exotic new uses like Silk Road. It was some cool and edgy stuff, not just another PayPal.

CoinDesk: So, you’re saying that we should think outside the box, try to think about ways to apply the technology in novel ways, not just remake what we know?

Tim: People should do what interests them. This was how most of the innovative stuff like BitTorrent, mix-nets, bitcoin, etc. happened. So, I’m not sure that “try to think about ways” is the best way to put it. My hunch is that ideologically-driven people will do what is interesting. Corporate people will probably not do well in “thinking about ways.”

Money is speech. Checks, IOUs, delivery contracts, Hawallah banks, all are used as forms of money. Nick Szabo has pointed out that bitcoin and some other cryptocurrencies have most if not all of the features of gold except it also has more features: it weighs nothing, it’s difficult to steal or seize and it can be sent over the crudest of wires. And in minutes, not on long cargo flights as when gold bars are moved from place to another.

But, nothing is sacred about either banknotes, coins or even official-looking checks. These are “centralized” systems dependent on “trusted third parties” like banks or nation-states to make some legal or royal guaranty.

Sending bitcoin, in contrast, is equivalent to “saying” a number (math is more complicated than this, but this is the general idea). To ban saying a number is equivalent to a ban on some speech. That doesn’t mean the tech can’t be stopped. There was the “printing out PGP code,” or the Cody Wilson, Defense Distributed case, where a circuit court ruled this way,

Printed words are very seldom outside the scope of the First Amendment.

CoinDesk: Isn’t this a good example of where you, arguably, want some censorship (the ability to force laws), if we’re going to rebuild the whole economy, or even partial economies, on top of this stuff?

Tim: There will inevitably be some contact with the legal systems of the U.S., or the rest of the world. Slogans like “the code is the law” are mainly aspirational, not actually true.

Bitcoin, qua bitcoin, is mostly independent of law. Payments are, by the nature of bitcoin, independent of charge-backs, “I want to cancel that transaction,” and other legal issues. This may change. But in the current scheme, it’s generally not know who the parties are, which jurisdictions the parties live in, even which laws apply.

This said, I think nearly all new technologies have had uses some would not like. Gutenberg’s printing press was certainly not liked by the Catholic Church. Examples abound. But does this mean printing presses should be licensed or regulated?

There have usually been some unsavory or worse uses of new technologies (what’s unsavory to, say, the U.S.S.R. may not be unsavory to Americans). Birth control information was banned in Ireland, Saudi Arabia, etc. Examples abound: weapons, fire, printing press, telephones, copier machines, computers, tape recorders.

CoinDesk: Is there a blockchain or cryptocurrency that’s doing it right? Is bitcoin, in your opinion, getting its own vision right?

Tim: As I said, bitcoin is basically doing what it was planned to do. Money can be transferred, saved (as bitcoin), even used as a speculative vehicle. The same cannot be said for dozens of major variants and hundreds of minor variants where a clear-cut, understandable “use case” is difficult to find.

Talk of “reputation tokens,” “attention tokens,” “charitable giving tokens,” these all seem way premature to me. And none have taken off the way bitcoin did. Even ethereum, a majorly different approach, has yet to see interest uses (at least that I have seen, and I admit I don’t the time or will to spend hours every day following the Reddit and Twitter comments.)

“Blockchain,” now its own rapidly-developing industry, is proceeding on several paths: private blockchains, bank-controlled blockchains, pubic blockchains, even using the bitcoin blockchain itself. Some uses may turn out to be useful, but some appear to be speculative, toy-like. Really, marriage proposals on the blockchain?

The sheer number of small companies, large consortiums, alternative cryptocurrencies, initial coin offerings (ICOs), conferences, expos, forks, new protocols, is causing great confusion and yet there are new conferences nearly every week.

People jetting from Tokyo to Kiev to Cancun for the latest 3-5 days rolling party. The smallest only attract hundreds of fanboys, the largest apparently have drawn crowds of 8,000. You can contrast that with the straightforward roll-out of credit cards, or even the relatively clean roll-out of bitcoin. People cannot spend mental energy reading technical papers, following the weekly announcements, the contentious debates. The mental transaction costs are too high, for too little.

The people I hear about who are reportedly transferring “interesting” amounts of money are using basic forms of bitcoin or bitcoin cash, not exotics new things like Lightning, Avalanche, or the 30 to 100 other things.

CoinDesk: It sounds like you’re optimistic about the value transfer use case for cryptocurrencies, at least then.

Tim: Well, it will be a tragic error if the race to develop (and profit from) the things that are confusingly called “cryptocurrencies” end up developing dossiers or surveillance societies such as the world has never seen. I’m just saying there’s a danger.

With “know your customer” regulations, crypto monetary transfers won’t be like what we have now with ordinary cash transactions, or even with wire transfers, checks, etc. Things will be _worse_ than what we have now if a system of “is-a-person” credentialing and “know your customer” governance is ever established. Some countries already want this to happen.

The “Internet driver’s license” is something we need to fight against.

CoinDesk: That’s possible, but you could make a similar claim about the internet today isn’t exactly the same as the original idea, yet it’s still be useful in driving human progress.

Tim: I’m just saying we could end up with a regulation of money and transfers that is much the same as regulating speech. Is this a reach? If Alice can be forbidden from saying “I will gladly pay you a dollar next week for a cheeseburger today,” is this not a speech restriction? “Know your customer” could just as easily be applied to books and publishing: “Know your reader.” Gaaack!

I’m saying there are two paths: freedom vs. permissioned and centralized systems.

This fork in the road in the road was widely discussed some 25 years ago. Government and law enforcement types didn’t even really disagree: they saw the fork approaching. Today, we have tracking, the wide use of scanners (at elevators, chokepoints), tools for encryption, cash, privacy, tools for tracking, scanning, forced decryption, backdoors, escrow.

In a age where a person’s smartphone or computer may carry gigabytes of photos, correspondence, business information – much more than an entire house carried back when the Bill of Rights was written – the casual interception of phones and computers is worrisome. A lot of countries are even worse than the U.S. New tools to secure data are needed, and lawmakers need to be educated.

Corporations are showing signs of corporatizing the blockchain: there are several large consortiums, even cartels who want “regulatory compliance.”

It is tempting for some to think that legal protections and judicial supervision will stop excesses… at least in the US and some other countries. Yet, we know that even the US has engaged in draconian behavior (purges of Mormons, killings and death marches for Native Americans, lynchings, illegal imprisonment of those of suspected Japanese ancestry).

What will China and Iran do with the powerful “know your writers” (to extend “know your customer” in the inevitable way)?

CoinDesk: Are we even talking about technology anymore though? Isn’t this just power and the balance of power. Isn’t there good that has come from the internet even if it’s become more centralized?

Tim: Of course, there’s been much good coming out of the Internet tsunami.

But, China already uses massive databases – with the aid of search engine companies – to compile “citizen trustworthiness” ratings that can be used to deny access to banking, hotels, travel. Social media corporate giants are eagerly moving to help build the machinery of the Dossier Society (they claim otherwise, but their actions speak for themselves).

Not to sound like a Leftist ranting about Big Brother, but any civil libertarian or actual libertarian has reason to be afraid. In fact, many authors decades ago predicted this dossier society, and the tools have jumped in quantum leaps since then

In thermodynamics, and in mechanical systems, with moving parts, there are “degrees of freedom.” A piston can move up or down, a rotor can turn, etc. I believe social systems and economies can be characterized in similar ways. Some things increase degrees of freedom, some things “lock it down.”

CoinDesk: Have you thought about writing something definitive on the current crypto times, sort of a new spin on your old works?

Tim: No, not really. I spent a lot of time in the 1992-95 period writing for many hours a day. I don’t have it in me to do this again. That a real book did not come out of this is mildly regrettable, but I’m stoical about it.

CoinDesk: Let’s step back and look at your history. Knowing what you know about the early cypherpunk days, do you see any analogies to what’s happening in crypto now?

Tim: About 30 years ago, I got interested in the implications of strong cryptography. Not so much about the “sending secret messages” part, but the implications for money, bypassing borders, letting people transact without government control, voluntary associations.

I came to call it “crypto anarchy” and in 1988 I wrote “The Crypto Anarchist Manifesto,” loosely-based in form on another famous manifesto. And based on “anarcho-capitalism,” a well-known variant of anarchism. (Nothing to do with Russian anarchists or syndicalists, just free trade and voluntary transactions.)

At the time, there was one main conference – Crypto – and two less-popular conferences – EuroCrypt and AsiaCrypt. The academic conferences had few if any papers on any links to economics and institutions (politics, if you will). Some game theory-related papers were very important, like the mind-blowing “Zero Knowledge Interactive Proof Systems” work of Micali, Goldwasser and Rackoff.

I explored the ideas for several years. In my retirement from Intel in 1986 (thank you, 100-fold increase in the stock price!), I spent many hours a day reading crypto papers, thinking about new structures that were about to become possible.

Things like data havens in cyberspace, new financial institutions, timed-release crypto, digital dead drops through steganography, and, of course, digital money.

Around that time, I met Eric Hughes and he visited my place near Santa Cruz. We hatched a plan to call together some of the brightest people we knew to talk about this stuff. We met in his newly-rented house in the Oakland Hills in the late summer of 1992.

CoinDesk: You mentioned implications for money… Were there any inclinations then that something like bitcoin or cryptocurrency would come along?

Tim: Ironically, at that first meeting, I passed out some Monopoly money I bought at a toy store. (I say ironically because years later, when bitcoin was first being exchanged in around 2009-2011 it looked like play money to most people – cue the pizza story!)

I apportioned it out and we used it to simulate what a world of strong crypto, with data havens and black markets and remailers (Chaum’s “mixes”) might look like. Systems like what later became “Silk Road” were a hoot. (More than one journalist has asked me why I did not widely-distribute my “BlackNet” proof of concept. My answer is generally “Because I didn’t want to be arrested and imprisoned.” Proposing ideas and writing is protected speech, at least in the U.S. at present.)

We started to meet monthly, if not more often at times, and a mailing list rapidly formed. John Gilmore and Hugh Daniel hosted the mailing list. There was no moderation, no screening, no “censorship” (in the loose sense, not referring to government censorship, of which of course there was none.) The “no moderation” policy went along with “no leaders.”

While a handful of maybe 20 people wrote 80 percent of the essays and messages, there was no real structure. (We also thought this would provide better protection against government prosecution).

And of course this fits with a polycentric, distributed, permission-less, peer to peer structure. A form of anarchy, in the “an arch,” or “no top” true meaning of the word anarchy. This had been previously explored by David Friedman, in his influential mid-70s book “The Machinery of Freedom.” And by Bruce Benson, in “The Enterprise of Law.

He studied the role of legal systems absent some ruling top authority. And of course anarchy is the default and preferred mode of most people—to choose what they eat, who they associate with, what the read and watch. And whenever some government or tyrant tries to restrict their choices they often finds way to route around the restrictions: birth control, underground literature, illegal radio reception, copied cassette tapes, thumb drives ….

This probably influenced the form of bitcoin that Satoshi Nakamoto later formulated.

CoinDesk: What was your first reaction to Satoshi’s messages, do you remember how you felt about the ideas?

Tim: I was actually doing some other things and wasn’t following the debates. My friend Nick Szabo mentioned some of the topics in around 2006-2008. And like a lot of people I think my reaction to hearing about the Satoshi white paper and then the earliest “toy” transactions was only mild interest. It just didn’t seem likely to become as big as it did.

He/she/they debated aspects of how a digital currency might work, what it needed to make it interesting. Then, in 2008, Satoshi Nakamoto released “their” white paper. A lot of debate ensued, but also a lot of skepticism.

In early 2009 an alpha release of “bitcoin” appeared. Hal Finney had the first bitcoin transaction with Satoshi. A few others. Satoshi himself (themselves?) even said that bitcoin would likely either go to zero in value or to a “lot.” I think many were either not following it or expected it would go to zero, just another bit of wreckage on the Information Superhighway.

The infamous pizza purchase shows that most thought of it as basically toy money.

CoinDesk: Do you still think it’s toy money? Or has the slowly increasing value sort of put that argument to rest, in your mind?

Tim: No, it’s no longer just toy money. Hasn’t been for the past several years. But it’s also not yet a replacement for money, for folding money. For bank transfers, for Hawallah banks, sure. It’s functioning as a money transfer system, and for black markets and the like.]

I’ve never seen such hype, such mania. Not even during the dot.com bubble, the era of Pets.com and people talking about how much money they made by buying stocks in “JDS Uniphase.” (After the bubble burst, the joke around Silicon Valley was “What’s this new start-up called “Space Available”?” Empty buildings all around.)

I still think cryptocurrency is too complicated…coins, forks, sharding, off-chain networks, DAGs, proof-of-work vs. proof-of-stake, the average person cannot plausibly follow all of this. What use cases, really? There’s talk about the eventual replacement of the banking system, or credit cards, PayPal, etc. is nice, but what does it do NOW?

The most compelling cases I hear about are when someone transfers money to a party that has been blocked by PayPal, Visa (etc), or banks and wire transfers. The rest is hype, evangelizing, HODL, get-rich lambo garbage.

CoinDesk: So, you see that as bad. You don’t buy the argument that that’s how things get built though, over time, somewhat sloppily…

Tim: Things sometimes get built in sloppy ways. Planes crash, dams fail, engineers learn. But there are many glaring flaws in the whole ecology. Programming errors, conceptual errors, poor security methods. Hundreds of millions of dollars have been lost, stolen, locked in time-vault errors.

If banks were to lose this kind of my money in “Oops. My bad!” situations there’d be bloody screams. When safes were broken into, the manufacturers studied the faults — what we now call “the attack surface” — and changes were made. It’s not just that customers — the banks — were encouraged to upgrade, it’s that their insurance rates were lower with newer safes. We desperately need something like this with cryptocurrencies and exchanges.

Universities can’t train even basic “cryptocurrency engineers” fast enough, let alone researchers. Cryptocurrency requires a lot of unusual areas: game theory, probability theory, finance, programming.

Any child understands what a coin like a quarter “does,” He sees others using quarters and dollar bills and the way it works is clear.

When I got my first credit card I did not spend a lot of time reading manuals, let alone downloading wallets, cold storage tools or keeping myself current on the protocols. “It just worked, and money didn’t just vanish.

CoinDesk: It sounds like you don’t like how innovation and speculation have become intertwined in the industry…

Tim: Innovation is fine. I saw a lot of it in the chip industry. But we didn’t have conferences EVERY WEEK! And we didn’t announce new products that had only the sketchiest ideas about. And we didn’t form new companies with such abandon. And we didn’t fund by “floating an ICO” and raising $100 million from what are, bluntly put, naive speculators who hope to catch the next bitcoin.

Amongst my friends, some of whom work at cryptocurrency companies and exchanges, the main interest seems to be in the speculative stuff. Which is why they often keep their cryptocurrency at the exchanges: for rapid trading, shorting, hedging, but NOT for buying stuff or transferring assets outside of the normal channels.

CoinDesk: Yet, you seem pretty knowledgeable on the whole about the subject area… Sounds like you might have a specific idea of what it “should” be.

Tim: I probably spend way too much time following the Reddit and Twitter threads (I don’t have an actual Twitter account).

What “should” it be? As the saying goes, the street will find its own uses for technology. For a while, Silk Road and its variants drove wide use. Recently, it’s been HODLing, aka speculating. I hear that online gambling is one of the main uses of ethereum. Let the fools blow their money.

Is the fluff and hype worth it? Will cryptocurrency change the world? Probably. The future is no doubt online, electronic, paperless.

But bottom line, there’s way too much hype, way too much publicity and not very many people who understand the ideas. It’s almost as if people realize there’s a whole world out there and thousands start building boats in their backyards.

Some will make, but most will either stop building their boats or will sink at sea.

We were once big on manifestos, These were ways not of enforcing compliance, but of suggesting ways to proceed. A bit like advising a cat… one does not command a cat, one merely suggests ideas, which sometimes they go with.

Final Thoughts:

Don’t use something just because it sounds cool…only use it if actually solves some problem (To date, cryptocurrency solves problems for few people, at least in the First World).

Most things we think of as problems are not solvable with crypto or any other such technology (crap like “better donation systems” are not something most people are interested in).

If one is involved in dangerous transactions – drugs, birth control information – practice intensive “operational security”….look at how Ross Ulbricht was caught.

Mathematics is not the law

Crypto remains very far from being usable by average people (even technical people)

Be interested in liberty and the freedom to transact and speak to get back to the original motivations. Don’t spend time trying to make government-friendly financial alternatives.

Remember, there are a lot tyrants out there.

Image via Consensus archives

The leader in blockchain news, CoinDesk is a media outlet that strives for the highest journalistic standards and abides by a strict set of editorial policies. CoinDesk is an independent operating subsidiary of Digital Currency Group, which invests in cryptocurrencies and blockchain startups.

!function(f,b,e,v,n,t,s){if(f.fbq)return;n=f.fbq=function(){n.callMethod? n.callMethod.apply(n,arguments):n.queue.push(arguments)};if(!f._fbq)f._fbq=n; n.push=n;n.loaded=!0;n.version='2.0';n.queue=[];t=b.createElement(e);t.async=!0; t.src=v;s=b.getElementsByTagName(e)[0];s.parentNode.insertBefore(t,s)}(window, document,'script','//connect.facebook.net/en_US/fbevents.js');

fbq('init', '472218139648482'); fbq('init', '239547076708948'); fbq('track', "PageView"); This news post is collected from CoinDesk