Matthew Ruff, a DUI Lawyer in Torrance California dicusses societal trends, social mores and current California laws relating to Driving Under the Influence and drunk driving. If you have any questions contact Matthew directly at 310-686-1533
Thursday, July 22, 2010
Is a Forced Blood Draw the same as a Refusal?
In California, the law treats the forced removal of blood the same as a refusal. What this means in a practical sense is that the DMV will suspend or revoke your diving privilege for a minimum of one year.
The Life and Times of DUI Legislation in the New Age
Few Intelligent Citizens will argue with the statement that DUI and drunk driving crimes cause a great deal of destruction of families and lives. To deal with the problem, the state of California has enacted stringent and often harsh, some may even argue draconian, laws that punish those who drink and drive. The evolution of new laws relating to drunk driving in California has become big business with the advent of more stringent punishments. The Ignition Interlock Companies, DUI Education Schools, and Insurance Conglomerates all have a pecuniary interest and indeed stand to make big money as long as society pushes for greater laws that punish first time offenders.
Legal Resources, Community Based Organizations and Informative Sites
It is well known that the law requires that all citizens be treated equally under the Constitution. It is equally well known that the Bill of Rights affords us all very significant personal rights and protections from governmental infringement of these sacred rights and overreaching. What is less known is how over the last fifty years these rights have been largely eroded within the context of DUI cases. For example, the fourth amendment has been virtually eliminated as it relates to the power police have to stop, search and arrest suspected drunk drivers. The fifth amendment has been squeezed allowing officers to question DUI suspects differently at the roadside. Some argue that the litany of Court decisions relating to driving under the influence cases specifically ghas created a "DUI Exception" to the Constitution.
The Villification of Drinking Drivers
The dangers of driving while drunk or impaired are well known. However, the people of the state of California and society in general is ratcheting down the vise on anyone who consumes alcohol and gets behind the wheel of a car. What this means for those accused of DUI is that there will inevitably be a jump to the conclusion that the defendant is guilty before they are adjuducated as such in a Court of Law.
Matthew Ruff is a criminal defense attorney in California specializing in all serious criminal offenses such as DUI, domestic violence, drug cases, theft cases, juvenile criminal offenses and all felony charges. With his main office in the South Bay, Matthew offers those seeking a Torrance Criminal Defense Attorney his years of experience and insight into the complex world of criminal justice.