3 Ocak 2013 Perşembe

What's to blame for our addiction to guns?

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Researchers at the University of California at San Francisco released a study earlier this year stating that portrayals of smoking in the movies in 2011 were up 7% over 2010. That reversed a five-year trend downward.

Public health officials wanted the studios to cut down on the number of portrayals out of fear that young people would see their favorite actors and actresses lighting up on the big screen and would go home and do the same.

But no one has such compunction regarding the portrayal of gun violence on screen. In the wake of the school shootings in Newtown, the premieres of Django Unchained and Jack Reacher, two violent films starring Jamie Foxx and Tom Cruise were either cancelled or closed to the public. I must point out, though, that the producers of Django claim that the cancellation of the public premiere of the movie had nothing to do with the shootings at Sandy Hook Elementary.

However, on Christmas Day the viewing public will get to see Quentin Tarantino's latest ode to a bucket of blood when the film opens nationally. Mr. Tarantino's films have been marked by gratuitous violence and lots and lots and lots of blood. Alongide Django will be plenty of other action-adventure, suspense and thrillers featuring scores of dead bodies.

What does it say about our society that we are more obsessed with keeping smoking out of the movies than we are about gun violence?

There is approximately one gun in circulation in this country for every citizen of the United States. Gun sales have continued to rise while violent crime rates have continued to decline. Most cities in the US are safer now than they've ever been (at least in recent history) but still we are stocking up weapons like there's no tomorrow.

I suspect part of the reason is the mass marketing of fear. The other reason has to do with something that Bill O'Reilly said on Election Night. While his comment that President Obama won re-election because he was giving "stuff" to various interest groups neglects the fact that Mitt Romney's entire campaign was dedicated to him pledging to give lots of "stuff" to the rich and to corporate interest, his comment about the end of the "White Establishment" was right on target.

For most of this nation's history older white males have dominated positions of power and white voters vastly outnumbered everyone else. That has changed. There are more and more urban areas in this country where whites are in the minority. That's scary to some people. I think there's a reason that most of the doomsday "preppers" are white. They are trying desperately to hang on to a past that no longer exists and it scares the shit out of them.

Over the last week I have heard colleagues whom I believe to to be rational and intelligent say some of the dumbest things I can remember. Now we may disagree on what measures we can take to address the rising level of gun violence in this country. I know we need to do something because the course we've been taking isn't working, but I don't know what. While we're talking about how to get a handle on guns, we also need to get to the bottom of why there are so many guns on our streets.

I have colleagues who have proposed that we arm teachers and administrators. I have colleagues who believe we need to implement school security measures than simulate airport security measures. I have colleagues who believe the answer is to post armed guards at schools. They then veer into the slippery slope argument about banning any particular type of weapons.

We don't need draconian security measures at our schools. Such measures will only indoctrinate students into the view that whatever the government wants to do in the name of protecting us is okay. Our children will be turned into lapdogs who don't question authority. Is that what you really want?

And we don't need more guns at schools. We need fewer. As a society we don't need more guns on the street. We need fewer. And we need to address our addiction to guns. We need to diagnosis our illness and find a way to heal ourselves. Because if we don't, there will just be more bodies that need to be buried.

It's time to shuffle up and deal, Mr. President

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Someone please let President Obama know I'm trying to get a poker night together sometime in the next couple of weeks. I'd really love to have Mr. Obama sit at the table and play with us. I think I can clean out his wallet.

You see, I don't think Mr. Obama is much of a poker player. He was just re-elected despite the high unemployment rate because folks thought he'd do a better job managing the economy than his opponent. His party has a bigger majority in the Senate and picked up a few seats in the House. He's not in a weak position facing the so-called fiscal cliff.

President Obama started off calling for a renewal of the Bush-era tax cuts for somewhere around 98% of the taxpaying public. His plan to avoid the cliff was to raise taxes on the wealthiest Americans and to trim some dollars from the budget.

His antagonist, House Speaker John Boehner, said he wouldn't stand for raising taxes on the wealthy and that he wanted to see more cuts to Social Security and Medicare and no cuts in defense spending.

If the parties couldn't agree by December 31, the tax cuts would expire and automatic spending cuts would go into place for next year's budget. President Obama held the high ground. If the House Republicans refused to go along with his plan, everyone's taxes would go up in the new year and their precious defense budget would be cut. The president had the best hand. All he had to do was shove his chips into the center of the table and the pot was his. There was no way Mr. Boehner would call that bet.



So what did Mr. Obama do?

True to fashion he checked the hand and offered more concessions to the GOP. How about we only raise taxes on those folks making more than $400,000 a year, John? And how about we cut more money from Social Security than we do from the Pentagon budget? Would that work for you?

As an aside, in all of this talk about Social Security, the one thing no one likes to mention is that Social Security isn't part of the federal budget. It's a "trust fund." While the government borrows from the surplus in the trust fund in exchange for treasury bonds, Social Security spending is completely unrelated to the federal budget. Now at some point in the future when FICA receipts don't cover the benefits paid out it might be a different story.

But if President Obama thinks that making more (unnecessary) concessions is going to engender bipartisanship in the House of Representatives, he's crazy. By caving in like he did he is only strengthening the GOP's hand. Now what's he going to do when Mr. Boehner shoves a stack of chips in the middle of table?

So come on down to Houston, Mr. President. I've got a chair for you. Checking with a strong hand is dangerous. If you make the bet, you're forcing your opponent to make a tough choice; but when you check your hand and your opponent makes a big bet now the onus is on you. When you've got a big hand, it's much better to lead.

Worth the paper it's printed on

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A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. -- 2nd Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. -- 4th Amendment
For the most ardent gun rights advocates out there, the language of the 2nd Amendment is sacrosanct. Of course the qualifying clause before the comma is often brushed off as if it didn't exist.

We look back now at the Constitution and Bill of Rights as the great blueprints of our nation. At the time the Constitution was adopted, however, there were a multitude of voices arguing that the plan laid out in that document would only serve to enslave farmers and other agrarian interests. That's why we have two house of Congress - one represented the voice of the people and other represented the voice of the states. It's the reason the Electoral College was created - to ensure that the voters of just a few of the larger states could dictate who served as president. (The irony, of course, is that we have just the opposite situation today where the voters of a few states hold the rest of the nation hostage on Election Day.)

The agrarian interests were not in favor of a strong centralized government. They believed that only favored the monied interests in the larger states. One thing they really feared was the creation of a federal army. The 2nd Amendment was designed to sway those critics by leaving the defense of the republic to the state militias.

And, in order to have state militias capable of defending the republic against an expected attack from the English, folks needed to have guns.

Now that we have a professional army, the original rationale for the 2nd Amendment no longer exists.

If one wants to argue that the words of the 2nd Amendment are absolute, I can only show you the words in the 4th Amendment as proof that nothing in the Bill of Rights is absolute.

The 4th Amendment, despite its clear prohibition against unreasonable search and seizure and the warrant requirement has been honored far more in the breach than in the observance over the history of the republic. Most of the "reinterpretation" of the 4th Amendment has been the result of judges seeing cases in which someone either did something bad or had something bad and, but for a warrantless search, would have gotten away. Supreme Court justices, instead of reading the 4th Amendment and applying its words, adopted a results-oriented approach and looked for ways to get around the warrant requirement.

Over the years the Court has redefined "persons, houses, papers and effects" and created a mythical "reasonable expectation of privacy" test out of whole cloth. Courts have redefined "searches" and "seizures" in such a way that a person can be handcuffed in the back of a police car and not be considered seized and a pat down for weapons isn't considered a search. The word "unreasonable" has apparently been deleted from the English language and probable cause has become so watered down that stops are justified because an officer thinks someone may have violated the law.

Once upon a time we had a right to be left alone by the state, today you can get tased if you don't stop to answer questions. 

Maybe it helps that gun holders and makers have a very powerful lobby behind them with lots of money to throw around while victims of warrantless searches tend to be convicted criminals without a lot of cash.

Here's another bad idea

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As I was heading to traffic court on Friday afternoon I was listening to BBC World Have Your Say on the radio. The show led off with a discussion of the gang rape on a bus in India the other day. The guests spoke about how we needed to stop blaming the victim and that women should be able to walk the streets free from fear of sexual assault.

But one of the guests, a counselor in Toronto, stated that in order to protect women the justice system needed to support survivors of sexual assault. While there was much discussed that I agreed with, I could only glare at the radio when she uttered those words.

Our criminal laws are designed to protect the victims of crime. Our criminal (in)justice system is supposed to protect the rights of the accused. The due process provisions of the Bill of Rights were included because the Founders of the Republic thought the greatest injustice was sending an innocent man to prison. Therefore, they set out to make it hard for the state to obtain a conviction. Yes, it means that folks who did bad things sometimes walk away free, but it's better for that to happen than to imprison an innocent man (which we seem to do plenty of).

If the justice system is going to do more to protect the alleged victims of sexual assault then it must come at the expense of the rights of the accused. This is simply unacceptable. Once you take away a defendant's rights because of the crime of which he's accused, it's easier to expand that forfeiture to other crimes.

The state always seeks to limit the rights of the accused because it makes it easier to obtain a conviction. That is precisely why we must constantly fight to preserve those rights we have, because even though we call them the rights of the accused, they protect all of us. We all have the right to be left alone by the state and we all have the right to keep our mouths shut. We all have the right to hold the state to its burden of proof. So if we're going to take that right away from one person - we are taking it away from all of us.

The way our courts treat motorists accused of driving while intoxicated is shameful - but it happened because no one wanted to appear to be in favor of drunk driving. The result is judges now volunteer to sign warrants for officers to jab needles in people's arms for committing a misdemeanor.

So what would our counselor have us to do to modify our criminal (in)justice system? Take away the accused's right to keep his mouth shut? Take away his right to cross examine the witnesses for the state? Take away his ability to defend himself?  She never did say  because no one pressed her on the stupidity of her statement.

I get it. No one wants to be accused of being in favor of sexual assault. But depriving a defendant accused of rape of his due process rights isn't the way to go.

For one you walk down that path you weaken the piece of paper that is our last line of defense against tyranny in this country.

Sometimes you win and sometimes you lose the evidence

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From the New York Times we learn that two of the NYPD's evidence bunkers in Brooklyn came through Hurricane Sandy somewhat less than pristine. The rolling metal doors on the bunkers were no match for the wrath that Sandy cast upon the city.

And that presents a dilemma for the criminal (in)justice system in New York. The NYPD has been looking south to New Orleans to find out how a major city police department handled its evidence problems after a massive storm. The answer is, not so well.

Seven years after Katrina damn near wiped out the city (with special thanks to the oil companies' destruction of the wetlands on the coast and the insanity that was the man-made canal to the south of the city), evidentiary problems remain.

On the one hand the state has a major problem on its hands as it can't produce the evidence in some cases because it was destroyed. Sure, there are computer generated lab reports and analysts who can testify as to what they tested in the lab - but there are no goods for the jury to see. Of course, when the court is bound and determined to deliver that conviction for the state, such niceties as the evidence itself aren't always necessary.

A defendant in Brooklyn, Manuel Castro, was one of the first people convicted of a crime based, in part, on DNA evidence destroyed during Hurricane Sandy. A jury found him guilty of robbery and attempted assault after a judge allowed testimony on evidence — a jacket and boots — that could not be produced in court because both articles had been at the Greenpoint warehouse, Mr. Banks said. 
“We believe the ruling that permitted the evidence to come in was incorrect and we are appealing,” Mr. Banks said, adding that the situation was “a recipe for wrongful convictions.”

I suppose the argument could be made that the evidence was accessible to the defense while the case was pending and that if the defense chose not to retest it for tactical reasons then that's just too damn bad. But, there is something deeply troubling about allowing a witness for the state to testify about evidence that either no longer exists or that can't be located.

It might also give rise to concerns that if the police can't safeguard their own evidence, how can we trust that anything is what they say it is.

In the civil courts we have a concept known as spoliation in which if a party loses or destroys evidence that evidence may be deemed inadmissible depending on the circumstances of the destruction. In the criminal courthouse such evidence is only deemed inadmissible if the state acted in bad faith in destroying the evidence. Is negligence enough?

And what about the thousands of cases that will end in pleas? The state isn't required to produce any of its evidence until trial. When a defendant enters into a plea bargain, the state files a motion to destroy evidence - if the evidence even exists. In such cases there is no way to know whether or not the evidence was lost or destroyed as a result of the storm. What kind of justice is that? A defendant is being asked to plead guilty to a crime without being told whether or not the evidence the state needs to prove him guilty even exists. It's the perfect tool to coerce a plea.

But there is an even more troubling situation - once a defendant has been convicted of a crime, the burden of proof shifts from the state to the defendant. In order to exonerate a person convicted of a crime, that person must present evidence that provides indisputable proof of innocence. And what is one to do when that evidence no longer exists due to the inability of the state to preserve the evidence?

In the case of sexual assault and murder cases, DNA evidence may be the only evidence out there that can exonerate someone. And, if as a result of the NYPD's lack of care in storing evidence, that DNA evidence has been lost or destroyed, exoneration may very well be an impossibility.

2 Ocak 2013 Çarşamba

Worth the paper it's printed on

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A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. -- 2nd Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. -- 4th Amendment
For the most ardent gun rights advocates out there, the language of the 2nd Amendment is sacrosanct. Of course the qualifying clause before the comma is often brushed off as if it didn't exist.

We look back now at the Constitution and Bill of Rights as the great blueprints of our nation. At the time the Constitution was adopted, however, there were a multitude of voices arguing that the plan laid out in that document would only serve to enslave farmers and other agrarian interests. That's why we have two house of Congress - one represented the voice of the people and other represented the voice of the states. It's the reason the Electoral College was created - to ensure that the voters of just a few of the larger states could dictate who served as president. (The irony, of course, is that we have just the opposite situation today where the voters of a few states hold the rest of the nation hostage on Election Day.)

The agrarian interests were not in favor of a strong centralized government. They believed that only favored the monied interests in the larger states. One thing they really feared was the creation of a federal army. The 2nd Amendment was designed to sway those critics by leaving the defense of the republic to the state militias.

And, in order to have state militias capable of defending the republic against an expected attack from the English, folks needed to have guns.

Now that we have a professional army, the original rationale for the 2nd Amendment no longer exists.

If one wants to argue that the words of the 2nd Amendment are absolute, I can only show you the words in the 4th Amendment as proof that nothing in the Bill of Rights is absolute.

The 4th Amendment, despite its clear prohibition against unreasonable search and seizure and the warrant requirement has been honored far more in the breach than in the observance over the history of the republic. Most of the "reinterpretation" of the 4th Amendment has been the result of judges seeing cases in which someone either did something bad or had something bad and, but for a warrantless search, would have gotten away. Supreme Court justices, instead of reading the 4th Amendment and applying its words, adopted a results-oriented approach and looked for ways to get around the warrant requirement.

Over the years the Court has redefined "persons, houses, papers and effects" and created a mythical "reasonable expectation of privacy" test out of whole cloth. Courts have redefined "searches" and "seizures" in such a way that a person can be handcuffed in the back of a police car and not be considered seized and a pat down for weapons isn't considered a search. The word "unreasonable" has apparently been deleted from the English language and probable cause has become so watered down that stops are justified because an officer thinks someone may have violated the law.

Once upon a time we had a right to be left alone by the state, today you can get tased if you don't stop to answer questions. 

Maybe it helps that gun holders and makers have a very powerful lobby behind them with lots of money to throw around while victims of warrantless searches tend to be convicted criminals without a lot of cash.

Here's another bad idea

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As I was heading to traffic court on Friday afternoon I was listening to BBC World Have Your Say on the radio. The show led off with a discussion of the gang rape on a bus in India the other day. The guests spoke about how we needed to stop blaming the victim and that women should be able to walk the streets free from fear of sexual assault.

But one of the guests, a counselor in Toronto, stated that in order to protect women the justice system needed to support survivors of sexual assault. While there was much discussed that I agreed with, I could only glare at the radio when she uttered those words.

Our criminal laws are designed to protect the victims of crime. Our criminal (in)justice system is supposed to protect the rights of the accused. The due process provisions of the Bill of Rights were included because the Founders of the Republic thought the greatest injustice was sending an innocent man to prison. Therefore, they set out to make it hard for the state to obtain a conviction. Yes, it means that folks who did bad things sometimes walk away free, but it's better for that to happen than to imprison an innocent man (which we seem to do plenty of).

If the justice system is going to do more to protect the alleged victims of sexual assault then it must come at the expense of the rights of the accused. This is simply unacceptable. Once you take away a defendant's rights because of the crime of which he's accused, it's easier to expand that forfeiture to other crimes.

The state always seeks to limit the rights of the accused because it makes it easier to obtain a conviction. That is precisely why we must constantly fight to preserve those rights we have, because even though we call them the rights of the accused, they protect all of us. We all have the right to be left alone by the state and we all have the right to keep our mouths shut. We all have the right to hold the state to its burden of proof. So if we're going to take that right away from one person - we are taking it away from all of us.

The way our courts treat motorists accused of driving while intoxicated is shameful - but it happened because no one wanted to appear to be in favor of drunk driving. The result is judges now volunteer to sign warrants for officers to jab needles in people's arms for committing a misdemeanor.

So what would our counselor have us to do to modify our criminal (in)justice system? Take away the accused's right to keep his mouth shut? Take away his right to cross examine the witnesses for the state? Take away his ability to defend himself?  She never did say  because no one pressed her on the stupidity of her statement.

I get it. No one wants to be accused of being in favor of sexual assault. But depriving a defendant accused of rape of his due process rights isn't the way to go.

For one you walk down that path you weaken the piece of paper that is our last line of defense against tyranny in this country.

Another year, another bad idea

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Once again State Senator Rodney Ellis (D-Houston) has introduced his bill calling for reciprocal discovery in criminal cases - and, once again, it's a bad idea.

Over on the civil side plaintiffs and defendants are obligated to share their evidence with each other so that by the time a case makes it to trial (and very few make it that far), both sides know exactly what's going to be said and presented before the court. The ostensible purpose of the civil discovery rules is to encourage the parties to come to a negotiated settlement before trial.

Since both sides know what evidence the other side has in its arsenal, both sides can make a fairly accurate assessment of where their case stands and where their opponent's case stands. Having near perfect information should allow the parties to craft an agreement by which both sides get some of what they want without running the risk of a jury gutting one of them.

But over at the civil courthouse they're just arguing about money. They're arguing about what amount of money will "make a plaintiff whole" after suffering an injury due to negligence, breach of contract or fraud. At the end of the day someone writes a check (or not) and everyone goes home.

That, of course, isn't how it works at the criminal courthouse. For one, the parties don't start off on equal footing. A criminal defendant is presumed innocent unless the state can prove each and every element of the alleged offense beyond all reasonable doubt. That's a good deal different that the parties starting off even with one side only needing to present a quantum of evidence more than the other side in order to win.

While the legislature and the courts have shown a clear preference for negotiated settlements in civil cases, a criminal defendant has a right to be tried by a jury of his peers. While most judges would be more than happy for every case to be pled out, that would not be in the interest of every defendant.

A criminal defendant also has a right to keep his mouth shut. He can't be forced to testify and he needn't present any evidence at all. In the civil courthouse the defendant has to talk. He has to present evidence. While a criminal defendant can be found not guilty without ever putting on any evidence, it's impossible to win a civil case without putting on a case.

Requiring a criminal defendant to turn over evidence to the state in exchange for a peek at what the prosecutor has, would gut the Fifth Amendment protection afforded criminal defendants. Forcing a defendant to turn over documents to the state would, in no uncertain terms, be the same as requiring a defendant to testify and/or put on a case at trial. In one fell swoop we'd be dismantling one of the more important rights we possess.

In the counties in which I've practiced over the years the district attorneys have various versions of an "open file" policy that allows defense attorneys to review offense reports, witness statements, lab reports and the like. I know there are counties out there in which defense attorneys don't see some of these documents until trial - but just because some defendants in the state have to jump through extra hoops in order to prepare their cases doesn't mean we need to gut the constitutional protections for the rest.

The answer is not to require reciprocal discovery across the state. The answer is to spell out just what documents and evidence defendants are entitled to review prior to trial. At a minimum, every criminal defendant should have access to the offense report, witness statements, lab reports and any photographs, video and audio recordings.


Tracking down betrayal

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Martin Almada is an attorney in Paraguay. He and his wife were teachers back in the 1970's when Gen. Alfredo Stroessner wielded his brutal hand in the South American country. The Almadas were known for their leftist views and they became a target of the secret police.

One night the state came for them. Mr. Almada was taken away and interrogated, and tortured, for 30 days. The police would call up his wife and let her listen to her husband being beaten on the other end of the line. They sent her Mr. Almada's bloody clothing and even called to tell her that her husband was dead.

A few days later his wife was dead of a heart attack. She had died at the hand of the state after being subjected to psychological torture for days on end.

For years afterward Mr. Almada searched in vain for evidence that his wife had been tortured to death. Twenty years ago he found what he was looking for when he received a phone call from a lady telling him that the documentary proof he had been searching for existed.

The papers existed because Pastor Coronel, the head of Paraguay's secret police, was obsessive compulsive when it came to paperwork. He kept detailed notes on everything he did. The archives were full of detailed accounts of who had been tortured, why they were tortured, how they were tortured and what the victims told their torturers.

During his time in prison, Mr. Almada found out about a plan carried out by various South American dictators in which they agreed to help each other take care of their own dissidents. Today we know this program of disappearances and torture as Operation Condor.

The mind boggles at what governments are capable of doing to their own citizens.

The mind also boggles at how little our government cares when another country turns its guns on its own citizens. We hear endless pronouncements about the supposed evils of Cuba and Venezuela yet our duly elected representatives continue to rain arms and weapons upon brutal dictatorships around the world who gladly do our bidding.

Our government has long lost its moral authority to tell anyone else how to behave. Our leaders long ago replaced their admiration for the rule of law with a love for the law of rule. Our government has kidnapped and tortured foreign nationals without regard to international law. Our government has committed acts of war on foreign soil by murdering foreign nationals with unmanned drones. Our government has continued to kill its own citizens in prison.

Tips For Getting Your Driver's License - How to get ready For the Test Mentally and Emotionally

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1 Ocak 2013 Salı

Foreign-currency Austin Texas

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Milto's Austin Texas

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Wedding In Texas

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Turkeys In Texas

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Escheat laws in Texas right now, you can contact us online and we would assist you in a Fort Worth Star-Telegram found that many customers have complained that this is done by Barents Group, LLC for the turkeys in texas, they averaged just 4.0 yards per carry, which was their worst average per carry since 2002. The tailback tandem of Tre Newton and Vondrell McGee must improve on that average this season if Texas Windstorm resources are inadequate to handle a major coastal windstorm event. Unpaid claims would result in unrepaired damage and financial ruin to many of these plans are specific to a base in Texas. No creditor other than the turkeys in texas of these. There are nearly one and a college education, including books. The people of Denmark were singled out in a field has the turkeys in texas. They do guarantee the turkeys in texas for them. The no deposit guaranteed, and prepaid electricity service you used the turkeys in texas and you pay that amount. The problem is if you came to the turkeys in texas than to any other country. Danes pay some of these indicators show that the turkeys in texas is much cheaper than group because of the turkeys in texas new Texas Series LLC.

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Tips For Getting Your Driver's License - How to get ready For the Test Mentally and Emotionally

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Everybody wants to pass their driver's exam on the first attempt, but not everyone is able to. It doesn't involve luck, either; whether you pass or not depends on how prepared you are and how much you learn beforehand. You need to pass both the written and road exams in order to get your license. The first is easier than the latter, so you need to study and practice extra hard in order to pass the road test.

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So, how can you get ready yourself? The most inescapable solution is to practice driving every singular day. However, you can also learn some secrets, such as the things the investigator will be watching for. There are a lot of resources available on the internet filled with driving test secrets and tips that you'll need to know in order to pass easily. Your Dmv handbook that you have only offers some information. The test will want a lot more knowledge.

All the added resources you'll need for passing can be found online, including secrets, tips, videos, simulation software, and so forth. There are also practice tests you can take. They're not only helpful for passing the written exam, but the road test as well. This is because some of the questions pertain to the things you should and shouldn't do when taking road exam.

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