Friday, September 04

Zimbabwean Journalist Hopewell Chin'ono Granted $10 000 Bail

Zimbabwean journalist Hopewell Chin’ono has been granted bail after being held in jail for more than a month on charges of inciting violence.

Chin’ono’s application for bail was approved by a magistrate who stipulated that while he awaits trial he must not post on social media such as Facebook or Twitter. The charges against Chin’ono stem from the support he expressed on Twitter for an anti-government protest.

Chin’ono had previously been denied bail three times and his lawyers say prison authorities forced him to mingle with other prisoners despite showing symptoms “consistent” with COVID-19.

He has become ill in prison this week, according to his lawyers who say he is suffering from “a headache, fever and distorted taste,” symptoms consistent with COVID-19. Lawyers are still waiting for results of tests carried out this week.

One of his lawyers, Taona Nyamakura told a magistrates’ court during a routine remand hearing Tuesday that prison authorities had tricked Chin’ono to think that he was going to see his private doctor but then bundled him into a waiting prison van and forced him to attend court.

This was despite a warning by Chin’ono’s personal physician that the reporter was a risk to other inmates due to the symptoms he is exhibiting and should be isolated from other prisoners until the results of his test are known.

Prosecutors denied Chin’ono is a risk to other inmates, claiming that prison doctors have ascertained that he wasn’t showing any signs of COVID-19.

Chin’ono has been in detention for more than a month after he was arrested together with opposition politician, Jacob Ngarivhume, and accused of inciting violence for publishing on social media his support for an anti-government protest. That protest was foiled by the military and police on July 31.

The duo’s lawyers have previously told the courts that they fear for their clients’ safety as overcrowding, poor diet and lack of protective equipment put their health at risk.

Journalists’ organizations, western embassies and human rights groups say Chin’ono is being punished for exposing government corruption on Twitter.

Chin’ono had alleged corruption involving a $60 million purchase of protective equipment for health workers. President Emmerson Mnangagwa later fired the health minister, who has been formally charged with corruption.

Related

Zimbabwe’s High Court granted bail on Wednesday to an opposition politician detained after calling for anti-government protests in July over corruption and the worst economic crisis in more than a decade.

Jacob Ngarivhume was arrested along with journalist Hopewell Chin’ono on July 20, on charges of inciting violence. Ngarivhume had called for the protests on July 31 and Chin’ono wrote about the call.

Both men had been denied bail three times, but on Wednesday High Court judge Siyabona Musithu said the politician would be released from detention at a maximum security prison after paying 50,000 Zimbabwe dollars ($600).

 

The judge said a lower court had erred in denying Ngarivhume bail. Another judge will rule on whether to free Chin’ono later on Wednesday.

As part of bail conditions, Ngarivhume, who leads a small opposition party, Transform Zimbabwe, was barred from posting on Twitter until his case is finalised, must surrender his passport to the court and report to the police three times a week.

Prevented from protesting by restrictions the government says are needed to stop the spread of COVID-19, activists have used a Twitter hashtag #ZimbabweanLivesMatter to criticise President Emmerson Mnangagwa and encourage global pressure on his government.

When Chin’ono made a routine court appearance on Tuesday, he looked visibly frail and told reporters that he was unwell and doctors had taken a sample to test for COVID-19.

The detention of Ngarivhume and Chin’ono and arrest of dozens of activists has led to accusations that the government is persecuting the opposition, a charge the authorities deny.

The opposition has disputed Mnangagwa’s 2018 election, which took place after he replaced ruler Robert Mugabe in a coup, promising a break with Mugabe’s authoritarian style.

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DUI Defense Lawyer: Common Legal Defenses in Drunk Driving Cases

DUI defense lawyer, DUI defenses, drunk driving defense, DUI attorney, beat DUI charge, DUI case defense, DUI evidence

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DUI Defense Lawyer: Common Legal Defenses in Drunk Driving Cases

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A DUI arrest is not the same as a conviction. Prosecutors must prove the case, and the defense has the right to challenge the evidence.

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A DUI defense lawyer looks for legal, factual, and technical problems in the government’s case.

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Every DUI case is different. Some defenses focus on the traffic stop. Others focus on field sobriety tests, chemical testing, officer procedure, or whether the person was actually impaired.

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Defense 1: Illegal Traffic Stop

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Police usually need a legal reason to stop a driver.

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Possible stop reasons include:

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Speeding
rnSwerving
rnRunning a red light
rnExpired tag
rnEquipment violation
rnAccident investigation
rnReasonable suspicion of impaired driving

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If the stop was not legally justified, evidence gathered after the stop may be challenged.

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Defense 2: No Probable Cause for Arrest

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Even if the stop was legal, the officer must have enough evidence to make a DUI arrest.

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A lawyer may review:

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Driving behavior
rnOfficer observations
rnSpeech
rnBalance
rnOdor of alcohol
rnField sobriety tests
rnStatements
rnVideo evidence
rnMedical conditions

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If probable cause was weak, the arrest may be challenged.

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Defense 3: Field Sobriety Test Problems

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Field sobriety tests are not always reliable.

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A person may perform poorly because of:

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Medical conditions
rnAnxiety
rnFatigue
rnAge
rnInjury
rnPoor footwear
rnUneven ground
rnWeather
rnBad instructions
rnLanguage barriers

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A DUI lawyer may compare the officer’s report to body camera or dash camera video.

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Defense 4: Breath Test Issues

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Breath testing can be challenged if the machine or procedure was flawed.

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Potential issues include:

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Improper calibration
rnLack of maintenance
rnOfficer certification problems
rnMouth alcohol
rnVomiting or burping before test
rnMedical conditions
rnImproper observation period
rnRadio frequency interference claims
rnTesting outside required time windows

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A breath result is only as strong as the procedure behind it.

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Defense 5: Blood Test Problems

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Blood tests may be challenged based on:

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Improper blood draw
rnContamination
rnChain of custody
rnStorage problems
rnLab errors
rnFermentation
rnTesting delays
rnDocumentation gaps
rnQualified person requirements

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A lawyer may request lab records and review whether the sample was handled properly.

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Defense 6: Rising Blood Alcohol

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A rising blood alcohol defense argues that the person’s BAC was lower while driving and rose by the time of testing.

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This may be relevant when there is a delay between the stop and the chemical test.

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The defense depends on drinking timeline, food intake, body weight, test timing, and expert analysis.

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Defense 7: Medical Conditions

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Some medical conditions can affect DUI evidence.

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Examples may include:

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Diabetes
rnAcid reflux
rnNeurological disorders
rnBalance disorders
rnEye conditions
rnInjuries
rnFatigue
rnAnxiety
rnMedication side effects

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A medical issue does not automatically defeat a DUI charge, but it may explain certain observations.

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Defense 8: Not Actually Driving

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Some cases involve people found in parked vehicles.

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Legal issues may include:

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Was the person driving?
rnWas the engine on?
rnWhere were the keys?
rnWas the vehicle operable?
rnWas the person sleeping?
rnDid anyone witness driving?

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State laws vary on what counts as driving or actual physical control.

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Defense 9: Police Report vs. Video Evidence

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Police reports sometimes make a case look stronger than video shows.

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A DUI lawyer may review:

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Body camera footage
rnDash camera footage
rnBooking video
rnRoadside testing video
rnAudio recordings
rnJail observation video

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Video can confirm or contradict officer claims.

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Defense 10: Constitutional Violations

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A DUI case may involve constitutional issues such as:

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Unlawful stop
rnUnlawful search
rnImproper questioning
rnViolation of rights
rnImproper detention
rnLack of warrant where required

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A lawyer may file motions to suppress evidence if legal rights were violated.

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Final Thoughts

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A DUI defense lawyer does not rely on one-size-fits-all arguments. The defense depends on the evidence.

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Traffic stop, arrest procedure, field sobriety testing, chemical testing, video evidence, and constitutional issues all matter.

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If you are charged with DUI, get the evidence reviewed before deciding what to do next.

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