Feds Crack Down on Illicit Prescription Drug Sales

By Megan Breckenridge, Staff Writer

SULLO & SULLO, LLP

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HOUSTON—Pharmacies in Illinois and Utah stand accused of illicit prescription drug sales over the Internet, according to court papers filed by federal agents in two U.S. cities.

Search warrant affidavits allege that both pharmacies, one in Des Plaines, Illinois, and the other in American Fork, Utah, are owned by the same man, Kyle Rootsaert. The company in Des Plaines, now called Rand Pharmacy, combined with another unidentified online pharmacy shipped 30,000 packages of prescription drugs across the country during the first six months of 2010.

"This is a pretty large ring of at least 200 websites that acted as internet pharmacies that were basically selling drugs—prescription drugs—without requiring a valid prescription," John Horton, a former official in the White House Office of National Drug Control Policy, said in an interview with CNN. "These affidavits indicate this was a multiyear, multimillion-dollar operation involving thousands and thousands of prescriptions. Going back in time, there were even deaths involved with this organization."

According to the court documents, the majority of the drugs were highly addictive, especially the muscle relaxants Soma and Tramadol. And the same physician, Dr. William E. Morrow of Layton, Utah, authorized most of the prescriptions without ever having seen or talked to any of the people ordering the drugs.

In 1999, Morrow lost his right to dispense controlled drugs for three years because he did not follow proper prescription procedures, Utah records show. He was also fined $1,000, but regained his right to prescribe controlled medications in 2002. His right to practice medicine was never taken away.

Federal agents bought drugs from the online pharmacies between 2008 and April 2010 without a prescription, the affidavits say. The pills were delivered within a day or two, and dozens of follow-up emails were sent encouraging the agents to purchase more drugs. Also in 2008, a correspondent for CNN’s Special Investigation’s Unit was able to obtain the antidepressant Prozac without a prescription from the accused pharmacies.

There are countless reasons to be cautious when ordering medications online, including the sale of altered drug formulations, and expired or counterfeit products. To be sure that you are getting your medication from a reputable source, it is best to visit a licensed brick and mortar pharmacy or use an online pharmacy that has been certified by the Verified Internet Pharmacy Practice Sites (VIPPS) program at legitscript.com.

If you or someone you know has been harmed by pharmaceutical drugs, contact the experienced team at Sullo & Sullo, LLP. Call us at 713.839.9026 or visit our website at www.sullolaw.com for a free legal consultation today.

Texas Commercial Driver’s License (CDL) FAQ’s

Texas Commercial Driver’s License (CDL)
By Megan Breckenridge, Staff Writer
SULLO&SULLO.LLP
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HOUSTON — A Commercial Driver’s License, or CDL, is required for the operation of any type of commercial vehicle that has a gross vehicle weight rating (GVWR) of more than 26,000 lbs; transports hazardous materials that require warning placards under Department of Transportation regulations; or that is designed to carry 16 or more passengers, including the driver. Some examples of vehicles that require a CDL to operate are tow trucks, tractor trailers and buses.

In accordance with the Commercial Motor Vehicle Safety Act of 1986, all states are required to comply with certain standards in regards to the licensing of commercial motor vehicle (CMV) drivers. Texas driver licensing standards comply with the law, requiring CMV drivers to obtain a Texas CDL when driving applicable vehicles. A CDL license can only be issued in the driver’s state of legal residence, and any driver possessing a CDL cannot have a driver’s license in any other state. Read on for the answers to the most commonly asked about obtaining a Texas CDL.

1. What are the eligibility requirements to obtain a Texas CDL?You must be 21 years old. (18 years if all commercial driving is done within Texas, no hazardous materials requiring placarding are transported, and no double- or triple-trailer rigs are employed.)· You must be physically capable of obtaining a valid medical examiner’s card before taking any CDL skills test.· You must qualify for the license based on their driving record. Any of the following will disqualify you from obtaining a Texas CDL:Possession of a license from any state other than TexasCurrent disqualification of commercial driving privileges in Texas or any other state.Suspension, revocation, denial or cancellation of current driver’s license.Any conviction of impaired operation of a commercial motor vehicle within the 24 months immediately preceding your application.


2. What steps must be taken to apply for a Texas CDL?Present sufficient proof of identity. This consists of either one piece of primary identification, two pieces of secondary identification, or multiple pieces of supporting identification. The first two categories are clear-cut, but supporting identification will be accepted only at the discretion of the license examiner. (See question 7 for further details on documentation.)Provide proof of your Social Security number.If you own your own commercial vehicle, proof of registration and liability insurance must be provided.You must complete the necessary application forms at the Department of Motor Vehicles (DMV) office. These forms may vary depending on the types of endorsements you seek.Pay the required fee. Each special endorsement and any related testing may require its own fee. (See question 4 for more information on endorsements.)Pass the vision exam.Pass the written tests, including any special testing for the various available endorsements.Pass the skills test (driving test) in the vehicle of the type for which you will be licensed. You must provide this vehicle.Have your photograph and fingerprints taken at the DMV office.

3. What do the terms “Class A”, “Class B”, and “Class C” denote on a Texas CDL?· “Class A” licensing allows you to operate vehicles that tow trailers, or other vehicles with a GVWR over 10,000 lbs. This license also allows you to operate “Class B” and “Class C” vehicles.· “Class B” licensing allows you to operate single vehicles with a GVWR over 26,000 lbs, or towing trailers/vehicles rated at 10,000 lbs GVWR or less. This license also allows you to operate “Class C” vehicles.· “Class C” licensing allows you to operate vehicles with a GVWR under 26,000 lbs that would normally not require a CDL, except when they are designed to transport 16 or more persons, including the driver; carry 15 or fewer people, including the driver, and transport children to or from school and home regularly for compensation; or carry hazardous materials in amounts requiring placarding. Applicable endorsements are required.

4. What are Endorsement Codes and when are they required on a Texas CDL?· Endorsements are necessary for certain commercial driving requirements as follows:o (T) Double or Triple Trailers. For vehicles pulling more than one trailer’s (P) Passenger. For vehicles that are designed to carry 16 or more people including the driver; or those that carry 15 or fewer people, including the driver, and transport children to or from school and home regularly for compensation’s (N) Tank Vehicles. For vehicles designed to haul liquids or liquefied gases in bulk in permanently mounted tanks or portable tans rated at 1,000 gallons or more (H) Hazardous Materials. For vehicles carrying hazardous materials in amounts requiring placards’ (X) Tank Vehicles (N) carrying Hazardous Materials (H).

5. What is the difference between an interstate CDL and an intrastate CDL?
· An intrastate CDL is one that is valid in Texas only. The requirements for these licenses are less strict than the federally controlled interstate licenses. Intrastate drivers are not required to speak English; not held to the same medical standards; and can obtain a license at the age of 18. Drivers with disabilities may also qualify at the intrastate level, as there are some exemptions available for those missing limbs or whose vision is impaired.· Interstate drivers are permitted to drive across state lines, but must be at least 21 to obtain a license.


6. What vehicles are exempt from requiring a Texas CDL to operate?· Vehicles that are controlled and operated by a farmer; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; not used in the operations of a common or contract motor carrier; and used within 150 air miles of the person’s farm.

· Fire-fighting or emergency vehicles necessary to the preservation of life or property or the execution of emergency governmental functions, whether operated by an employee of a political subdivision or by a volunteer fire-fighter.
· Recreational vehicles that are driven for personal use.
· Military vehicles, when operated for military purposes by military personnel.
· Vehicles that are owned, leased, or controlled by an air carrier, as defined by Texas Transportation Code (TRC) section 21.155.
· Vehicles used exclusively to transport cotton modules or cotton burrs.


7. What constitutes “sufficient proof of identity” when applying for a Texas CDL?
· Primary identification documents include a Texas driver’s license or identification card. These must be either current or within two years of the indicated expiration date. A valid (unexpired) U.S. passport is also considered primary identification, as are naturalization certificates showing verifiable data and a photograph, any other type of U.S. Immigration and Naturalization Service (INS) documents with verifiable data and a photograph, or an unexpired U.S. military identification card. Older INS documents might not include current information or a photograph, and these will not be accepted as primary identification in Texas.
· Secondary identification documents include original or certified copies of a birth certificate, unexpired driver’s license, or ID card from other U.S. states or Canadian provinces. Also acceptable is any official court order showing full birth information.
· Supporting identification is a vague category, and the acceptance of these documents is at the discretion of the licensing employee examining them. Supporting documents include, but are not limited to: School records, insurance policies issued at least two years prior to the time of application, vehicle titles, military records, a current military dependent identification card, original or certified marriage licenses or divorce papers, voter registration cards, Social Security cards, pilot’s or concealed handgun licenses, or a Texas driver license temporary receipt. Consideration may also be given to expired driver’s licenses or identification cards from the U.S. or Canada, as long as they are within two years of the expiration date, foreign passports, and any other consular documents.

Traffic Ticket

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Traffic Ticket

A traffic ticket is a summons and quote issued by police officers to motorists and other road users who are unsuccessful to mind traffic laws. Traffic tickets generally come in two forms; cite a moving violation, such as more than the speed limit, or a non-moving violation, such as a parking ticket. Traffic tickets are generally heard in traffic court.

Generally, a ticket is a notice that one has committed a minor or sometimes major legal violation, for which a fine must be paid and postmarked and sent by the due date, and/or an appearance in court must be made (See: order). Typically, this means a parking ticket for parking in an unlawful way or allowing a parking meter to expire, or a traffic ticket for a moving violation such as speeding. The latter are usually issued after traffic stops.

A traffic ticket may go by the more proper name of violation ticket.

Characteristically, a traffic ticket is handed to a driver straight away after the offence has been observed by a police or traffic officer. Though, it can also be delivered by mail is the case with photo radar tickets.

The traffic ticket sets out the nature and detail of the alleged offence. Typical information includes:

• An claim that you have broken a traffic act including the accurate section of the law being relied upon;

• The name of the authority

• The name of the traffic decree which has been supposedly broken or pursuant to which the ticket is issued;

• The date, time and place of the alleged offence;

• The name and address of the person to whom the ticket is issued;

• Identification of the vehicle including license plate; and

• Information on how to contest or dispute the allegation including the name and address of the place to either acknowledge the allegation or pay the fine, or to contest the ticket.

Speeding ticket –

A ticket issue for driving above the speed bound Ticket - an order issued to a lawbreaker (especially to someone who violates a traffic regulation).

United State Traffic laws…

In the United States, most traffic laws are codified in a variety of state, county and municipal ordinances, with most minor violations classified as civil infractions. Although what constitutes a "minor violation" varies, examples include: non-moving violations; defective or unauthorized vehicle equipment; seat belt and child-restraint safety violations; and insufficient proof of license, insurance or registration. A trend in the late 1970s and early 1980s also saw an increased tendency for jurisdictions to re-classify certain speeding violation as civil infractions.^[1] In contrast, for more "serious" violations, traffic violators may be held criminally liable, guilty of a misdemeanor or even a felony. Serious violations tend to involve multiple prior offenses; willful disregard of public safety; death, serious bodily injury or damage to property. ^[1]

Each state's section of Motor Vehicles maintains a file of motorists, as well as their convicted traffic violations. Upon being ticketed, a motorist is given the option to mail in to the local court—the court for the town or city in which the violation took place—a plea of guilty or not guilty within a certain time frame (usually ten days, although courts generally provide leniency in this regard).^[2]

If the motorist pleads not guilty, a trial date is set and both the motorist, or a lawyer/representative on behalf of the motorist, and the ticketing officer, are required to attend. The motorist may be given the chance to move the hearing for a reason such as "a work disagreement or travel", and rearrange the hearing for a time at which the ticketing officer is improbable to attend. ^[2] If the officer or representative fails to attend, the court judge will often find in good turn of the motorist and allow going the charge, ^[2] although sometimes the trial date is moved to give the officer another chance to attend. The court will also make supplies for the officer or prosecutor to attain a deal with the motorist, often in the form of a plea bargain that may reduce the impact from that which would be incurred from pleading guilty without attending court.^[2][3] If no agreement is reached, and the prosecutor feels it is worth his time to charge the motorist, both motorist and officer, or their respective representatives, officially attempt to prove their case before the judge, who then decides the matter.^[2] The motorist may, for example, put forward a reason the violation they are is accused of was justified, such as to "get out of the way of an ambulance or avoid a collision with another motorist", and call into doubt the level to which the officer recall the specific details of the state of affairs among the many tickets they have issued.^[2] For relatively minor offences, this strategy is usually effective- the National Motorists Association, which provides a kit outlining how to fight a traffic ticket to its members, goes so far as to offer to pay fines for members who challenge their tickets in court and are found guilty.^[3]

If the motorist pleads guilty, the result is equivalent to conviction after trial. Upon confidence, the motorist is generally fined a monetary amount and, for moving violations, is additionally given "point" demerits, under each state's point system. In the cases where the motorist is registered in a different state from where the violation took place, individual agreements between the two states decide if, and how, the motorist's home state applies the other state's confidence. If no agreement exists, then the conviction is local to the state where the violation took place. In some instances, failure to pay the fine may result in a suspension to drive in only the city or state to whom the fine is owed, and the motorist may continue to drive elsewhere in the same state.

Sullolaw-The Arraignment and JURY TRIAL

The Arraignment

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The first step in resolving your ticket is to show up for your arraignment. During your arraignment, you will appear to court at the designated date and time, the judge will tell you what you have been charged with, and then you will enter a plea of guilty or not guilty. If you enter a plea of not guilty, a future trial court date will be set for you. You must tell the judge whether you want a judge or jury trial.

It is your responsibility to show up to your arraignment at the specified date and time. While the arraignment process appears simple, it often goes awry when people fail to appear on their court dates. Many people simply forget to show up, but others find it difficult to appear due to professional and personal responsibilities. Your arraignment may be scheduled at an odd time for you. For instance, your court date may be set for the middle of the day when it is impossible for you to leave work, or it may be set at night when you have family responsibilities that make it difficult for you to make the trip downtown. If you find yourself in such a situation, you will quickly discover that the court is not sympathetic. If you fail to appear for your arraignment for any reason, the court will issue a warrant for your arrest.

If you have hired Sullo & Sullo to handle your case before your arraignment date, you will not have to worry about any of these potential pitfalls. Our attorneys will appear at your arraignment, plead “not guilty” on your behalf, and set your case for a future jury trial date. You will not have to appear for your arraignment and worry about a potential warrant for your arrest.

JURY TRIAL

“But, wait!” you say. “I don’t want a jury trial! I just want my traffic ticket handled in an efficient manner so it can be dismissed or, alternatively, kept off my driving record.” We know, and believe us when we say we have your best interest at heart. The majority of cases that we set for a jury trial never get argued to a jury. Why? Because most of them are resolved on that date through either a dismissal or a program that keeps the ticket off your record.

At Sullo & Sullo we set the majority of our cases for a jury trial because we feel that is the best chance of getting your case dismissed. Setting the case for jury trial forces the state to prepare a case against you. On the day of trial, the prosecutor must have a witness present whose testimony can prove the case against you beyond a reasonable doubt. If the prosecutor cannot offer a suitable witness or if she feels she does not have a viable case, then she is forced to dismiss the case. If the prosecutor feels that she has sufficient evidence to go forward with your case, then, based upon years of experience, we feel that a jury, rather than a judge, would be a more fair and impartial decider of your case.