California DUI Laws

Dealing With An Unfavorable DMV Decision

2011-12-27T08:23:00.000-08:00

The decision after a DMV hearing following a DUI arrest can be either a set aside or an uphold of the suspension. When the decision is unfavorable to the driver the next step can be either to appeal the finding or move on. For first offenders who took a test the suspension period of four months typically does not justify a decision to appeal the hearing officer's decision. The driver can usually get a restricted license after waiting 30 days. Foe second offenders an appeal may be more tenable given the one year
re-issue date. In either event the decision must be one that takes into account the costs and benefits of the entire situation. The alternative to a full scale appeal can be something called a Departmental Review, more information about this approach will be discussed in a future post.

How a Person's Core Body Temperature Can Skew Breath Test Results

2011-12-27T06:48:00.000-08:00

Breath testing in DUI cases relies on the presumption that every subject has a "normal" body temperature. But what if a subject has a fever? One study (Fox & Hayward, 1989) did reveal problems with DUI breath tests for those with higher than normal body temperature levels. For example, when the core temp was elevated one degree Celsius, the corresponding breath test for alcohol increased by nearly 9 percent. This means that if a person had an elevated body temp and was stopped for drunk driving, his breath test would falsely inflate his true blood alcohol level by almost 10%. For a .10 level, this would drop him to a .09 and if he blew a .08, his true BAC would actually be .07.

For more information on this issue, contact DUI Attorney Matthew Ruff who practices in the state of California.

A Bakersfield Speeding Ticket Attorney Explains Trials by Written Declaration

2011-12-22T21:21:00.000-08:00

In California, as in many states, a defendant may elect to have a trial by written declaration on any Vehicle Code infraction or speeding ticket. If the clerk receives from the defendant a written request for a trial by written declaration on or before the appearance date indicated on the notice to appear, the clerk must, within 15 calendar days of receiving the request,extend the appearance date 25 calendar days, and must give or mail the defendant notice of the extended due date on a Request for Trial by Written Declaration with a copy of the Instructions to Defendant and any other required forms. The defendant must file the Request for Trial by Written Declaration with the clerk on or before the appearance date indicated on the notice to appear (or any extended appearance date). This form must be filed in addition to the defendant’s written request for a trial by written declaration, unless that request was made on this form. A defendant who makes this election must submit bail in the amount established in the Uniform Traffic Bail and Penalty Schedule under Veh C§40310 at the time of submitting the declaration. If the defendant is found not guilty or the charges are otherwise dismissed, the amount of the bail mustbe promptly refunded to the defendant.

On receiving the defendant’s Request for Trial by Written Declaration and bail by the due date, the clerk must deliver or mail to the arresting officer’s agency a Notice and Instructions to Arresting Officer and Officer’s Declaration, with a copy of the notice to appear and a specified return date for receiving the officer’s declaration. On receipt of the officer’s declaration or the close of the return date, the clerk must submit the case file to the court for decision with all declarations and other evidence received. According to one Bakersfield Speeding Ticket Attorney, testimony and other relevant evidence may be introduced in the form of the notice to appear, a business record or receipt, and the sworn declarations of the arresting officer and of the defendant. After the court decides the case and returns the file and decision, the clerk must immediately mail the Decision and Notice of Decision to the defendant and arresting agency. The defendant may request a trial de novo by filing a Request for New Trial Form within 20 calendar days after the date on which the decision was mailed. The Court clerk must set a trial date within 45 calendar days of receipt of the defendant’s request and deliver or mail to the defendant and to the arresting officer’s agency the Order and Notice to the violator.

The case is closed if the defendant fails to make a timely request for a trial de novo. Although the rules state that a new trial must be set within 45 days of the receipt of the request, the remedy for failure to set within 45 days is not automatic dismissal. For example in one case, a trial was set 57 days after receipt of notice. The court may deny a trial by written declaration to a defendant who does not file a Request for Trial by Written Declaration or deposit bail with the clerk within the specified time limits. The Judge is not limited to imposing a monetary penalty in the amount of the bail the defendant has deposited with the clerk, unless this amount is the maximum and the only lawful penalty. A person who fails to appear as provided by law may be deemed to have elected to have a trial by written declaration on any alleged Vehicle Code infraction. Relevant evidence may be introduced in the form of a notice to appear, a business record or receipt, a sworn declaration of the arresting officer, or a written statement or letter signed by the defendant.

Bruce Blythe is a Bakersfield Speeding Ticket Lawyer who practices throughout Kern County and beyond for all criminal, DUI and traffic cases.

Hematocrit Defense in DUI Cases

2011-12-22T08:08:00.000-08:00

Hematocrit represents the fraction of whole blood composed of red blood cells and is correlated with the aqueous content of the blood. The higher the hematocrit, the lower the concentration of water in the blood and vice versa, according to California DUI Attorney Matthew Ruff. How does this issue play into a DUI case you may ask? Put simply, the higher a hematocrit level, the higher a person's blood alcohol concentration. With breath tests, the normal variation in the hematocrits of test subjects "can produce errors in ...results in the 10-14% range", according to some scientific studies. When facing a DUI charge, it may be useful to have a test done to determine if this may be an issue. The hematocrit issue can vary the amount of alcohol present in the blood and not all humans are the same. The breath machines do not factor in this variability.

What is the penalty for a refusal in California?

2011-12-22T06:33:00.000-08:00

There are a number of penalties or consequences for DUI charges in California. Perhaps the most severe of all penalties is that for a refusal to take a chemical test, breath or blood. In addition to the Court consequences, the DMV will impose harsh sanctions if the driver is found to have refused a breath or blood test after having been arrested for drunk driving

The following are the administrative penalties for a DUI refusal

A First refusal within 10 years carries a one year drivers license suspension
A second refusal after a DUI conviction, wet reckless or admin per se suspension within 10 years is a 2 year license revocation.
A third refusal within 10 years is a 3 year revocation of your driving privilege.

In light of the very severe refusal penalties in California, it is advisable to seek legal representation for any refusal case.

Another Good Reason Not to Take a PAS Test

2011-12-01T03:59:00.000-08:00

We know that California law allows motorists over 21 and not on probation to refuse a roadside breath test known as a PAS. The test however is usually a bad idea inasmuch as it provides additional evidence of intoxication relating to DUI that can be used against you in Court. A recent case reiterates another good reason to refuse taking the test.

Defendant Thomas was stopped for traffic violations. His eyes were bloodshot and watery. Defendant performed sobriety tests and consented to a PAS breath test that required him to place his mouth over the plastic tip of the PAS device and blow into it. Defendant was let go after passing all tests, but instead of discarding the mouthpiece of the PAS device, the police preserved it for DNA testing. The DNA profile derived from the mouthpiece linked defendant to two burglaries. A DNA sample obtained after defendant’s arrest matched genetic material recovered from five of the burglaries. Additional evidence implicating defendant in the burglaries was found when police searched his home pursuant to a warrant after his arrest.

Defendant appealed his convictions of the crimes arguing that testing the mouthpiece of the PAS device for DNA was a search that could not be conducted without a warrant under the Fourth Amendment to the United States Constitution. The appellate court however disagreed holding that the DNA test was not a search because defendant abandoned any privacy right he had in the saliva he deposited on the police device. The Court ruled that the Fourth Amendment protects against unreasonable governmental searches and seizures. A search occurs only when a government activity intrudes on an individual’s reasonable expectation of privacy, measured by the individual’s subjective expectation of privacy in the item searched and society’s objective recognition of the reasonableness of the individual’s subjective expectation of privacy. People of California vs. Thomas.

How to Get Your License Back After an Under 21 DUI

2011-11-04T16:59:00.000-07:00

A DUI arrest for an under 21 driver has serious consequences. In California, anyone under 21 years old who has been convicted of driving while intoxicated/driving under the influence (DWI/DUI) or who has been found to have been driving with a .01% or more of alcohol in their blood will have his or her driver's license suspended for at least a year. If the individual does not live near adequate public transportation, must work to support the family or is responsible for the medical care of another family member, the court may issue a restricted license because of "critical need." A mandatory 30-day suspension is required before filing the application.

Here is the 5 step process to apply for the under 21 restriction.

First, Determine whether you meet the criteria to be considered for a critical need driver's license. If you were under 21 years old when you were arrested, tested positive for a 0.01 percent blood alcohol concentration and had your driver's license suspended, you may be eligible for a critical need license. One of the conditions for obtaining a restricted license is that you did not refuse to take the blood or breath test required by a peace officer to determine your alcohol level at the time of your arrest.

Second, Ensure that you meet critical need criteria. You are eligible for a restricted hardship license if the California Department of Motor Vehicles (DMV) determines that public transportation is inadequate and that you must operate the vehicle to transport a family member to and from the doctor's office or other medical facility, to travel to and from school, to go to and from work or to tend to some other family business for the purpose of acquiring income. Further, you must be legally present in California to qualify for a restricted hardship license

Third, Download the DS 694 application form titled "Application for Critical Need Restriction". You must first check one or more of the reasons you need a restricted hardship license. These include "For Family Illness," "To and From School," "To and From Work" and "For Family Enterprise." Be sure to include your name, driver's license number, address, and other pertinent personal information. Next, describe your transportation needs, the distance the destination is from your residence and the route you drive to the destination. Include the other drivers in your household, their driver's licenses and the reasons they are unable to provide transportation

Fourth, Request the following individuals complete the Statement of Facts section on the application. If you are requesting a critical need restriction to transport a family member to receive medical care, have the physician state that your family member is unable to drive to and from her office and requires your help. If you are requesting a critical need restriction in order to drive to and from school, ask your school principal or dean to fill out the pertinent information on the application. Finally, if you are requesting this hardship restriction for employment purposes, ask your employer to complete this section on the application

Fifth, Complete the form and mail it to the address on the form. You may also attache other relevent documents such as enrollment in DUI education classes and the like, DMV will review the application and notify you within 10 working days whether or not your application is approved. If DMV approves your application, you must go to a DMV field office to complete the final section of the application, pay a $100 reissue fee and submit proof of insurance, which you must maintain for three years.

Drunk Driver Crashes into Another Drunk Driver

2011-10-31T18:00:00.000-07:00

A 23-year-old suspected drunken driver from california nearly ran over CHP officers who were investigating a fatal wreck – also believed to involve alcohol -- this morning along Interstate 15 in Hesperia, according to CHP investigators and jail records.
The defendant was arrested this morning along Interstate 15 near Main Street and booked for investigation of drunken driving, jail records show. He was released after promising to appear in court to answer any charges that may be filed.

Officers caught the suspect driving a 2012 Honda Civic that traveled through a traffic cone-and-flare pattern that was supposed to keep motorists out of an accident scene that killed a driver at 1:05 a.m. today along the freeway’s southbound lanes near Bear Valley Road, investigators said in a written statement. The victim in that DUI accident was a man believed to be about 35 years old, CHP Officer Jaci Parent said early today from the traffic management center in San Bernardino. San Bernardino County coroner’s officials have released no information about that man or the incident.

The victim died instantly when the 2002 Lincoln LS he was driving changed lanes at high speed and hit the trailer of a 1999 Freightliner big rig.

“Alcohol is considered to be a factor in this collision,” according to the CHP statement.

A Quick Primer on the Two DUI Crimes in California

2011-10-16T22:58:00.000-07:00

In California, lawmakers have enacted two distinct crimes relating to DUI. One, VC 23152(a) requires proof of actual impairment. Section 23152(b), added in 1981, made it unlawful for a person to drive with a blood-alcohol level of 0.10 percent or more, by weight, and specified that, “percent, by weight, of alcohol shall be based upon grams of alcohol per 100 milliliters of blood.” To secure a conviction for this new “per se DUI” offense, the prosecution no longer had to prove the accused driver was actually impaired at the time of the offense, but only that heor she drove with a blood-alcohol level at or exceeding 0.10 percent. In 1989, the California Legislature further strengthened our state‟s DUI laws by lowering the punishable blood-alcohol threshold from 0.10 percent to 0.08 percent. This is the proscribed level today

Therefore, after 1981 there were two parallel statutes making it a crime to drive while intoxicated. The generic DUI provision (§ 23152(a)) retained the historical approach, requiring proof that the defendant was actually impaired by his drinking. The per se DUI statute (Vehicle Code 23152(b)) simply required proof that the defendant had been driving with a blood-alcohol level over the legal limit. If the limit was exceeded, the statute was violated, and no additional proof of the defendant‟s impairment was required. The interplay between the two statutes can often be confusing for laymen, an attorney should be consulted to explain the interaction of the two offenses in your case.

New Law Seeks to End Impound Abuse

2011-10-10T08:20:00.000-07:00

Police agencies in California will no longer be able to freely impound cars from sober but unlicensed drivers who are stopped at drunk-driving checkpoints under legislation signed Sunday by Gov. Jerry Brown. Under the new law written by Assemblyman Gil Cedillo (D-Los Angeles), if a sober driver is caught at a DUI checkpoint without a valid license, law enforcement officers must release the car to a qualified driver representing the registered owner. In cases where a legal driver is not readily available, AB 353 says, the vehicle is to be released to one later at the impound yard.

Some CA lawmakers have alleged that sobriety checkpoints have been misused by some cities to unfairly target illegal immigrants who do not have a driver’s license. Because cities can hold cars taken from unlicensed drivers for 30 days, the accumulated impound fees can turn out to be more than the car is worth, resulting in some drivers losing their cars.

Step by Step Process to Get Your Drivers License After a DUI in CA

2011-10-08T15:35:00.000-07:00

The purpose of this article is to explain the process to obtain your drivers license following the Court disposition of your case. You will likely receive a letter from the California DMV that explains your license is suspended as a result of the Court conviction, however if you read the letter carefully it explains that you may immediately obtain a restricted license. The following is what you must do:

1. Obtain proof of insurance by way of an SR-22 that must be filed with the DMV. This is done electronically directly from the company to the DMV. It is best to do this as soon as possible.

2. Get enrolled in the Court ordered alcohol education program. The program will file the enrollment with the DMV, confirm with them that they have done so.

3. If the offense occurred in Los Angeles, get an Ignition Interlock installed in your car, for help with this contact an IID provider, let him know an attorney represented you and you will receive a discount off the normal fee.

4. Pay the re-issue fees to the DMV at any field office. Usually there a two fees, one for the Court reinstatement and one for the APS reinstatement.

5. Lastly, you must wait the mandatory period of time following the imposition of the “APS” suspension following the DMV hearing, APS order. This is no longer than 30 days, however, the period of time can be shorter if the hearing officer grants our request for a “back credit”. To determine this time period look at the start date of the suspension on the DMV decision, it is 30 days after that “start date”. In some cases the DMV hearing decision will have not yet been mailed by the time the Court case is resolved, in these cases you must wait for the outcome of the DMV hearing before your license will be returned.

The Right To Rehabilitation for a DUI in California

2011-09-05T19:21:00.000-07:00

In California, as is the case in many other states, the court must inform the defendant, either orally or in writing, of his or her right to apply for relief from all penalties and disabilities resulting from a misdemeanor DUI conviction after the passage of one year from the date of pronouncement of judgment, or longer if the defendant enters into a plea bargain with the prosecution. This right is sometimes referred to as an expungement. According to one Tehachapi DUI Attorney, this right to relief is available provided the defendant successfully performs his or her sentence and leads a law-abiding life during that period under Penal Code Section 1203.4a. Relief is afforded by permitting the withdrawal of a plea of guilty or no contest or by setting aside a verdict of guilty and dismissing the accusatory pleading. In DUI cases, the right is limited somewhat to a Judges discretion, unlike other misdemeanor crimes. Defendants convicted of an infraction are not entitled to relief under Pen C §1203.4a. Pen C §1203.4a(b). A defendant who is granted probation on a DUI may apply for relief from all penalties and disabilities resulting from the conviction on the successful completion of probation which under CA law is a minimum of 36 months. Notice of this right to relief must be contained in the defendant’s probation papers

The Types of Probation in California DUI Cases

2011-09-03T19:51:00.001-07:00

In California, the Court may impose two different types of probation in DUI cases, either formal or informal:

(1) Formal probation. Formal probation is the suspension of the imposition or execution of sentence and the order of conditional and revocable release into the community under the supervision of a probation officer.

(2) Informal Probation. A conditional sentence, also referred to as court or summary probation, is the suspension of the imposition or execu-tion of sentence and the order of conditional and revocable release into the community subject to the conditions of the court without the supervision of a probation officer. A conditional sen-tence may be pronounced without referring the case to the probation officer. Pen C §1203b. If the case is not referred to the probation officer, the court may consider any information concerning the defendant that could have been included in a probation report.

A conditional probationary sentence on a DUI case places greater responsibilities on the Judge than formal probation, requiring the court to perform two distict functions normally carried out by the probation officer. First, the court must furnish the defendant a written statement of the terms and conditions of the probation. Secondly, it must order the defendant to report to the court, so that the probationer's conduct may be supervised.

Kern County DUI Attorney Explains Timing of Convictions in a DUI Case

2011-08-14T20:14:00.000-07:00

In California a DUI driver faces harsh penalties when they have priors for driving under the influence and are arrested on a new case. The Legislature has declared that the timing of court proceedings should not permit a defendant convicted of a violation of Veh C §23152 or §23153 to avoid enhanced mandatory minimum penalties for multiple separate offenses occurring within a ten-year period. Veh C §23217. California lawmakers have expressed intent that a defendant should be subject to these enhanced penalties regardless of whether the convictions were obtained in the same order in which the offenses were committed. Veh C §23217. See People v Snook (1997) 16 C4th 1210, 1213, 69 CR2d 615 (applying statute and finding it constitutional). According to one Kern County DUI Attorney, the current offense and the separate violations resulting in convictions must all occur within a ten-year period. See People v Munoz (2002) 102 CA4th 12, 16–20, 125 CR2d 182 (defendant wrongfully charged with a violation of Veh C §23152 punishable under Veh C §23550 (then requiring priors within seven-year period) that occurred in 1996, despite convictions for violations that occurred in 1990, 1997, and 1998; although all three separate violations occurred within seven years of the current offense, the three violations were themselves more than seven years apart).

How to Challenge Identity For a Traffic Ticket

2011-08-13T15:52:00.000-07:00

A person may contest a charge by claiming under penalty of perjury not to be the person to whom the notice to appear was issued when identification was made by thumbprint or fingerprint. The person must submit a thumbprint or fingerprint for comparison with the thumbprint or fingerprint on the notice. The traffic court may refer the print submitted together with the print on the notice to the prosecuting attorney for comparison. If there is no fingerprint on the ticket or a comparison of the prints is inconclusive, the court must refer the notice back to the issuing agency for further investigation, unless it determines that a referral is not in the interest of justice. Vehicle Code §§40303(c), 40305(b), 40500(e), 40504(c). According to one Kern County Speeding Ticket Attorney, this process will result in the continuance of the case and tolling of the speedy trial period for 45 days. Veh C §§40303(c)(2), 40305(b)(2), 40500(e)(2), 40504(c)(2). The court may make a finding of factual innocence under Penal Code §530.6 if the Judge determines there is insufficient evidence that the person cited is the person charged or if the prosecuting attorney or agency does not respond within 45 days. Except in the latter case, the court may determine that a finding of factual innocence is not in the interest of justice. This process is available for most speeding tickets but not for DUI or misdemeanor charges.

Will a Wet Reckless Conviction Require an IID?

2011-07-30T09:20:00.000-07:00

In a few counties in the state of California a conviction for a DUI will require the installation of an ignition interlock device or "IID" in the car. There are currently few exceptions to the rule and Los Angeles County participates in the pilot program However, one question that folks have is whether an IID will be required for wet reckless pleas, the answer is no. Fortunately, the law does not compel the devices for wet reckless offenders at this time. The DMV will not send the people any letter requiring the machines.

Are Field Sobriety Tests Accurate?

2011-06-18T15:34:00.000-07:00

This is an age old question that many pundits frequently raise within the context of arguments for and against DUI enforcement. The answer to this question can perhaps best be found within the scientific literature that encompasses the area of drunk driving research. In one study the researchers found that field sobriety tests are only accurate in predicting impairment relative to driving under the influence, about 70 percent of the time. This statistic takes into account the fact that the participants in the study performed the tests under ideal conditions and they were conducted in accordance with well established federal standards pertaining to sobriety testing protocols. Other research sheds light on many of the frailties common to the most frequently performed FST's. At the end of the day most all that are involved in the legal community will agree that this component of drunk driving enforcement is prone to many weaknesses but it is but one factor to be utilized in the arrest and investigation of driving while intoxicated cases.

Looking For a DUI Attorney in Los Angeles? Watch Out For The Traps

2011-06-17T19:22:00.000-07:00

For those consumers that are searching for a DUI Attorney in Los Angeles the choices that are displayed on the search engines can seem overwhelming. What you need to understand is the difference between the organic search results and the sponsored listings that are generated by lawyers that pay to have their names posted above what google thinks are the most relevant results for the query. For example, if your type in a search for DUI lawyer the results will display at least 3 listings that are at the very top of the screen. These are the posts that the attorneys pay for, you must scroll down and see the listings below these sponsored results. It is these results that are the most probative for the search. Do not get trapped into the belief that the tops spots mean the best attorneys, the bottom line is that the top three posts are bought and paid for and are not typically the most local or the best experienced DUI attorneys that are in the area.

A DMV Hearing Attorney Gives An Overview of DMV Hearings in California

2011-06-05T16:32:00.000-07:00

In California the DMV can suspend an individual's drivers license in a varety of ways. Perhaps the most frequent actions commenced are those related to the abuse of alcohol and/or drugs. Statistically, the most common are the Administrative Per Se (APS) suspension hearings, also referred to as DUI hearings which arise out of a drunk driving arrest. This area is discussed more fully in our DMV Information page. These hearings are conducted at Driver Safety offices located throughout the state. In Los Angeles County the hearing locations are as follows: El Segundo, Van Nuys, Downtown Los Angeles, Commerce and Inglewood. In Central CA the DMV hearings are held in Bakersfield, and in San Luis Obispo County the driver safety offices are in Oxnard, and downtown San Luis Obispo. By statute, DMV Hearings are very informal and do not involve a trained or elected Judge, rather they are presided over by a DMV employee known as a hearing officer. According to one Torrance DMV Lawyer, the hearing officers are not lawyers but they do have training in the proper procedures and relevant law that dictates how evidence is presented and what standard of proof is necessary to sustain a suspension of an individual's drivers license. The "dual role" of the hearing officer as both an impartial judge of the facts and as a prosecutor for the department has created the appearance of a conflict of interest, but the Courts have held this is acceptable, often to the dismay and disbelief of most lawyers that practice regularly at the DMV.

In addition to APS hearings, some examples of other types of DMV Hearings include: Negligent Operator Hearings that involve cases where a driver has too many points on their driving record; Fraud Hearings involving the misuse of a drivers license to purchase alcohol by those underage; and Medical and Skill Hearings that involve the issue of a person's ability to drive due to age improper use of drugs and various medical conditions. One DMV Hearing Attorney in Torrance relates that DMV hearings can very often be beyond the scope of the ordinary citizen to handle and therefore the services of a skilled lawyer familiar with the rules and procedures can level the playing field and increase a persons chances of prevailing and saving their license.
The most important thing to know about DMV Hearings is that there is a time deadline to request a hearing, if that deadline expires you may not have a right to challenge the suspension at all. If you or a loved one is facing a license suspension or pending DMV hearing, call Attorney Matthew Ruff, he has been defending clients at DMV Hearings for well over 15 years and can give you the legal advantage necessary to win the DMV Hearing. Contact him Toll Free at 1-877-213-4453 today, mention this article and recieve a free consultation.

Manhattan Beach DUI Attorney Explains the Meaning of "Bodily Injury" in Felony DUI Cases

2011-06-02T04:57:00.000-07:00

The California Vehicle Codes makes a DUI a felony when "bodily injury" results from any unlawful act caused by the drunk driver. Vehicle Code §23153 only requires proof of “bodily injury,” not proof of “substantial bodily injury” or “great bodily injury.” said the Court in the case of People v Guzman (2000) 77 CA4th 761 where the justices held that the California statute only requires proof of “harm or hurt to the body”. Minor injuries will satisfy the statutory requirement such as abrasions, lacerations, and back and neck pain, also cuts, headache, and stiff neck were sufficient injuries that have been found to satisfy the legal requirement of injury. The distinction is significant given the greater punishment imposed for these offenses.

However, according to a local Manhattan Beach DUI Attorney Matthew Ruff, there must be some physical injury; merely being shaken up or frightened is insufficient, at least that is what the Court said in the case of People v Lares (1968) 261 CA2d 657, 662. When the defendant causes “great bodily injury,” the court has authority to increase the punishment by imposing a sentence enhancement under Pen C §12022.7. This enhancement makes the offense not only a felony, but a "strike". In addition, when the defendant causes “great bodily injury” and has four or more separate DUI convictions within ten years of the current conviction, the court must impose a sentence enhancement under Veh C §23566(b). Furthermore, The bodily injury must be sustained by someone other than the defendant (Veh C §23153(a), (b)), for example, the defendant may be convicted of a violation of Veh C §23153 based on injuries sustained by a passenger in the defendant’s vehicle but not for injuries sustained solely by the perpetrator of the offense.

Should you require additional information about this topic or if you or a loved one is facing a felony DUI, attorney Matthew Ruff can be reached directly at 310-527-4100 for a consultation and review of your case.

Torrance Public Intoxication Lawyer Explains Distinction Between DUI and Drunk in Public

2011-05-29T13:25:00.000-07:00

In California it is a crime to drive while impaired in any way that affects your mental or physical faculties, the impairment can be slight. In contrast, the state also criminalizes being drunk in public, however the level of impairment required for a conviction is much greater. For example, if the suspect in a public intoxication case were to fail the so-called Field Sobriety Tests given to suspected DUI drivers that would not necessarily equate to being impaired to the degree required for an arrest for being drunk in public. According to Matthew Ruff, a local Torrance Public Intoxication Lawyer , the law mandates that the intoxication level be to such a degree where the person can no longer care for the safety of himself or to others around him or her. In reality this means the suspect is so drunk he can stumble out into the street and kill himself or he is endangering the public. Such a level of proof is certainly not required in a "drunk driving" case. The bottom line in 647f cases vs. 23152 arrests, is that the requisite level of intoxication required is exponentially higher for public intoxication than for driving under the influence.

Attorney Matthew Ruff can be reached at 310-527-4100 if additional information or advice is required.

Faulty Breath Machines Being Investigated

2011-04-21T07:56:00.000-07:00

According to the Associated Press, Hundreds of DUI convictions in Ventura County CA could be dismissed after handheld breathalyzer devices were discovered to have given faulty readings. Law Enforcement said some of the breath test readings were so high, they would have meant instant death. The district attorney's office sent memos to attorneys involved in cases that included blood-alcohol tests taken on eight erratic machines between Jan. 20 and March 31. The county, which bought 125 of the Intoximeter Alco-Sensor V devices at $4,800 each, has shipped them back to the manufacturer. "The ones already found guilty by trial or pled guilty, we are going through all the cases whether we would be withdrawing pleas," Chief Deputy Public Defender Monica Cummins said. Cummins, who represents 160 people arrested with the faulty devices, confirmed that many had pleaded guilty in Court after seeing the results. The maker, Intoximeter of St. Louis, is trying to correct the flaw. The Ventura County Sheriff's Department expects to have the retrofitted devices back in three months. All will be tested for 100 percent accuracy before they are used again.

CA DMV Now Allowing Second and Third DUI Offenders an Ability to Get Restricted License

2011-04-21T07:41:00.000-07:00

For those convicted of a DUI in california and have one or more priors, there is now an ability to get a restricted license from the DMV. Vehicle Code (VC) §§ 13352(a)(3) and 13352(a)(5) allows a second or third DUI offender to install an IID and receive an IID restricted license after a mandatory suspension/revocation period, if the most recent violation of VC §23152 occurred on or after July 1, 2010, and did not involve the use of drugs.

Eligible DUI defendants and drivers must provide the following:

Verification of Installation Ignition Interlock (DL920 Form Required).

$45 administrative service fee to the DMV

All other CA DMV established reinstatement requirements and fees.

Second drunk driving Offenders whose violation involved alcohol only may reinstate after a 90-day suspension with proof of enrollment in a DUI program. Third DUI Offenders whose violation involved alcohol only may reinstate after a 6-month revocation with proof of enrollment in an 18 or 30-month DUI program.

Conviction Involving the Use of Drugs—Second or third DUI offenders whose most recent DUI conviction included the use of drugs do not qualify for early reinstatement with the installation of an IID until 12 months of a suspension/revocation has been completed. A DUI Attorney can offer guidance for those in this category.

Term of IID Restriction—The term of IID restrictions remain in effect for the remainder of the original suspension/revocation term. Drivers that fail to comply with the IID requirement will be suspended/revoked for the remainder of the original suspension/revocation term. A DUI Lawyer can help to ensure that all criteria are met in order to qualify for the restriction.

Lawyer Construes the Law of Citizens Arrest for DUI in California

2011-04-17T18:55:00.000-07:00

California law pertaining to citizen's arrest can be quite complex. This article attempts to clarify and summarize when a citizen may arrest a person for DUI. A citizen’s arrest for DUI is proper when based on the citizen’s observation that the defendant was driving under the influence; in so doing, the citizen may delegate to a peace officer the act of taking the defendant into physical custody in accordance with Penal Code §837(1) in fact, according to a Long Beach Criminal Lawyer, the Courts have held that a citizen may make arrest for misdemeanor DUI committed in his or her presence in many cases. For example, when a parking lot attendant who, observed defendant trying to exit parking facility by driving wrong way and into facility’s entrance gate, summoned officer and reported his observations to officer who made arrest this was considered legal, moreover, when an inspector of Department of Food and Agriculture who stopped defendant’s vehicle at inspection station, observed defendant was intoxicated and reported observations to highway patrol officer who arrested defendant this was also construed as within the citizen's rights.

Can an Out of State DUI Prior be Used Against Someone in California?

2011-04-17T08:04:00.000-07:00

In California, a person who gets a DUI is subject to being charged with a prior offense even if it is one that took place out of state. A conviction of an out-of-state offense that would have been a violation of CA Vehicle code §23152 or §23153 if committed in California constitutes a conviction of those sections for purposes of the Vehicle Code, including its sentencing provisions. Veh C §23626. For example in tha case of California v Crane (2006) 142 CA4th 425 the Court held that a Colorado conviction for driving while impaired, which requires only that the defendant be affected to the slightest degree, cannot serve as a prior conviction for purposes of enhancing DUI sentence; California violations require an appreciable degree of impairment.

However, in DMV administrative driver’s license suspension proceedings, it is sufficient if the out-of-state offense is “substantially similar” to the California DUI statutes. In the case of McDonald v Department of Motor Vehicles (2000) 77 CA4th 677, 681–689, the court engaged in juxtaposing California and Colorado DUI statutes and finding sufficient similarity even though Colorado statute presumes intoxication at blood-alcohol level of .05 % or more, while Veh C §§23152 and 23153 only presume intoxication at blood-alcohol level of .08 percent or more. This decision is consistent with the Vehicle Code section 13363(b) which states that an out-of-state conviction must be “substantially the same” in substance, interpretation, and enforcement as the California law pertaining to that conviction in order to be given reciprocal treatment by DMV under Driver’s License Compact. Many DUI Lawyers however can find loopholes in the laws or utilize innovative strategies in Court to defeat the prior, check with a local attorney about your specific case.

DUI Attorney Explains the Law of Refusal in California

2011-04-16T14:03:00.000-07:00

In California, a refusal to take a chemical test when arrested for a DUI can be quite severe. Sentencing and license suspension alone can result in harsh penalties. The arrested person must be told that his or her refusal to submit to or complete a required test will result in a fine and mandatory imprisonment if the person is convicted of DUI, and suspension or revocation of his or her driver’s license. Veh Code §23612(a)(1)(D), (e)–(g). License suspension or revocation is mandatory when the person refuses to submit to or complete a required test, even if he or she is later acquitted or the DUI charge is dismissed. One Lakewood DUI Lawyer tells us that this is different from other provisions which requires the DMV to reinstate the license of a person who is acquitted of driving with a blood-alcohol concentration of 0.08 percent or more, Veh C §13353 does not have a similar provision for defendants charged with refusing to take a chemical test, even when they are found factually innocent of this charge.

Sentencing enhancements can also affect the outcome. On conviction of a violation of Veh C §23152 or §23153, the defendant is subject to the sentencing enhancements set forth in the Vehicle Code, namely mandatory jail time over and above the DUI terms of probation. Before these enhancements may be imposed, the defendant’s willful refusal or failure to complete the required test must be spelled out in a formal complaint and proven beyond a reasonable doubt.

According to one Lakewood DUI Attorney , a refusal can be used against the person in criminal court as follows: The person should be advised that his or her refusal to submit to a test may be used against him or her in court. Veh C§23612(a)(4). The Courts have held that refusal to take blood-alcohol test after lawful request is not act coerced by officer and is not protected by privilege against self-incrimination and the statute prohibiting defendant from refusing to submit to chemical test does not violate privilege against self-incrimination. However, an officer’s failure to give this advisement goes to the weight, not the admissibility, of the evidence.

The person’s refusal to submit to a test unless it is administered by his or her own physician constitutes a refusal under the statute as does a refusal to submit to a test unless the person’s attorney is present or until the person has had an opportunity to communicate with his or her attorney . According to one DUI Refusal Attorney in Los Angeles a defendant’s demand to look at officer’s card containing information on accuracy of various tests before submitting to test was a refusal. Because the test must be administered without delay, when a person refuses to submit to a test and then changes his or her mind, the person is deemed to have refused to comply with the testing requirement

California Under 21 DUI Attorney Explains the Law of VC 23140 for Minors

2011-04-16T09:09:00.000-07:00

It is unlawful in California for a person under 21 years of age who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. Vehicle Code section 23140(a). Recently, the California Courts ruled that the statute does not violate the Constitution or deny persons under 21 equal protection of law even though it bases violation on blood-alcohol level of 0.05 percent or more rather than 0.08 percent level applicable to adults because, the Court said: " minors who drink alcohol and drive pose greater accident risk than those drivers over the age of 21", according to one California Under 21 DUI Lawyer.

In California, a minor may be found in violation of Veh C §23140(a) if the person was, at the time of driving, under 21 years of age and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine his or her blood-alcohol concentration, and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood. Veh C §23140(b). This offense is punishable as an infraction which means that the minor cannot be sentenced to jail if convicted. .On conviction, the clerk of the court must prepare and immediately forward to the DMV an abstract of the record of the court at which time the minor's license will be suspended for one year and points will be added to the drivers record for insurance purposes.

Hermosa Beach DUI Lawyer Explains HGN Law in Drunk Driving Cases

2011-04-13T18:25:00.000-07:00

In California, police officers in the field have many different "tests" at their disposal to ascertain whether a suspect is DUI. One of the field sobriety tests that the officer may administer is the horizontal gaze nystagmus (HGN) test. The test involves having the suspect follow a moving object with his or her eyes, then measuring the angle of onset at which an involuntary jerking or "bouncing" of the eyes begin. One local Hermosa Beach DUI Lawyer relates that, Depending on the observations of the DUI police investigator at the angle of onset, the prosecution may argue that the failure of the drunk driving suspect to follow the object or a jerking of the eyes may be consistent with the presence of alcohol and/or some types of drugs. The individual cop's observations may be admitted as evidence of the presence of alcohol, as will the officer’s opinion, based on the Nystagmus test in combination with other tests, that the defendant was under the influence. The officer’s testimony, however, should not draw a correlation between the HGN test and any specific blood-alcohol level. The CA Appellate Courts have ruled that HGN evidence, when viewed with other relevant indications, meets Kelly-Frye standard for general acceptance in the scientific community for purposes of deciding whether a person is under the influence of alcohol.

California DUI Laws in a Nutshell

2011-04-10T10:03:00.000-07:00

In California, it is a misdemeanor to drive a vehicle under the following circumstances:

• While under the influence of any alcoholic beverage or drug, or under their combined influence. Veh C §23152(a).

— DUI involving alcohol. It is not necessary to prove any specific degree of intoxication, but only that the defendant was under the influence. A person is under the influence when, as a result of using alcohol or drugs, his or her physical or mental abilities are impaired to such a degree that he or she no longer has the ability to drive the vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.

— DUI involving drugs. When a defendant is charged with driving under the influence of a drug, a showing of a specific measurable amount of the drug in the defendant’s blood is not required. The showing that must be made is that the defendant was under the influence.

• While having 0.08 percent or more, by weight, of alcohol in one’s blood. For this offense it is not necessary to prove the defendant was, in fact, under the influence; it is sufficient to prove the defendant’s blood-alcohol level was 0.08 percent or more. For this reason, this statute is sometimes referred to as the “per se” DUI statute. There is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving.

Veh C §23152(b). The percent by weight is based on grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. Veh C §23152(b).

• While addicted to the use of any drug, unless participating in a narcotic treatment program approved under Health & S C §§11875 et seq. Veh C §23152(c).

• While having 0.04 percent or more, by weight, of alcohol in one’s blood while driving a commercial vehicle. Veh C §23152(d).

There is a rebuttable presumption that the person accused of DUI had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving. Veh C §23152(d).

What are the Penalties for a DUI in Los Angeles County?

2011-03-27T13:31:00.000-07:00

California quite possibly has some of the stiffest consequences for DUI among all fifty states. Within California, Los Angeles probably has the toughest penalties for persons convicted of drunk driving or DUI. The Courts in L.A. are particularly heavy handed on offenders who drive with children in the car or those that have prior convictions for the same offense. Here is a quick summary of the most prevalent penalties handed down:

DMV Drivers License Consequences :

Those Over 21 If a breath or Blood test is Taken:
1st Offense: Six months Drivers License suspension.
2nd Offense: One year suspension.
3rd Offense: Two year revocation.
4th Offense: Three year revocation.

For first offenders, the DMV will allow a restricted license for work and school if the violator gets enrolled in a DUI program and obtains an SR-22.

Those over 21 who REFUSE a Chemical Test:
1st Offense: Drivers License suspension for one year, with no possibility of provisional or restricted license.
2nd Offense: License suspension for two years.
3rd Offense: License suspension for three years.
4th Offense: License revocation for four years.

Those Offenders Under 21 at the Time of the Arrest:

For drivers under the age of 21 at the time of the arrest, a one year license suspension will be imposed. However, an experienced Under 21 DUI Attorney can oftentimes obtain a set aside of any suspension based on a number of technicalities in the paperwork. If no set aside is possible then a lawyer can help in acquiring a critical need restriction for work, school or medical appointments.

Los Angeles Superior Court Penalties on the VC23152 DUI charges:
(As of July 2010 all Persons Convicted of DUI in Los Angeles County will be required to install an Ignition Interlock on all vehicles they own or have access to in order to get their drivers license returned)

1st Offense: Some courts do not require jail time on a first-offense, unless there are grounds for a sentence enhancement (such as a minor in the car, speed enhancements, a blood alcohol concentration (BAC) of .20% or higher, refusing the chemical test, or others). Other courts require some jail time (48 hours to 10 days), even on a first offense. The required alcohol education program will also vary. The standard program is once a week for 12 weeks; however, where the BAC is .15% or higher, a six or even nine month program will be ordered. An experienced Los Angeles DUI Lawyer can help to eliminate serious punishments or mitigate the sentence in appropriate circumstances.

2nd Offense (One prior conviction within last 10 years): By law, the mandatory minimum jail time on a second offense DUI is 96 hours, although this can be served in two 48-hour periods. Some courts will allow city jail. Still other courts will routinely impose much harsher jail sentences on a second-offense DWI, with sentences of 30 days or more. The SB-38 alcohol education program for a second offense DUI is 18
months long. An ignition interlock device may be required.
3rd Offense (Two prior DUI convictions within last 10 years): A California mandatory minimum jail sentence of 120 days and 3 year license revocation. ( Pursuant to Recent Legislation, a Multiple offender may be allowed to obtain a restricted license for work purposes, contact a DUI attorney for help)

4th Offense (Three or more DUI convictions within last 10 years): A fourth offense Drunk Driving conviction is a Felony "wobbler", meaning it can be charged as a misdemeanor or a felony. Punishment can range from up to one year in county jail, up to three years in a California state prison, more if the person caused injury or has prison priors.

Drunk Driving Sentence Enhancements in Los Angeles:

sentence Enhancements are added punishments the Judge must order for cases involving special factors or what the California Law Regards as Requiring a more intense punishment, some examples include:

Refusal to take the chemical test; BAC of .15% or .20% or higher; Speeding 20 miles per hour above speed limit on side streets, or 30 mph over the speed limit on the freeway, where driving recklessly and DUI, (requires 60 days in jail if convicted); Minor in car while driver DUI; Traffic Collision or Motor Vehicle Accident; Prior DUI or drunk driving convictions; Injury to persons other than the defendant (VC 23153); Drugs in system in addition to alcohol. These enhancements all carry a more severe sentence if found to be true or if the accused pleads no contest or guilty, the penalties vary but can involve Loss of Vehicle thru impound, various other programs such as MADD or HAM (Los Angeles County Hospital and Morgue Program) group meetings, hard labor community service or incarceration in the L.A. county jail.

Ruminations From "Captain Motion"

2011-03-26T11:15:00.000-07:00

The following is an excerpt from the famous "Captain Motion" the DUI motion King in California DUI Defense, taken from a seminar he recently attended: "One of the biggest problems facing those doing constitutional defense for people accused of drunk driving is that drunk driving has long been, and is increasingly, a political crime. It is no secret that MADD, SADD, and other Prohibitionist political action groups, forgetting apparently that the 18th Amendment was repealed, elevating symbolic victimization to an art form, have bulldozed their way into legislative and judicial precincts so effectively that their governmental
patrons low-crawl around and pander to their extortion to keep them from demonstrating outside legislative chambers and courthouses. And those groups’ political terrorism has effectively engrafted drunk driving exceptions to the Constitution, and to common sense, onto our juro- political landscape such that “deuces” are harder for the defense effectively to litigate than are murders."

Can a Portable Breath Test Machine Be Used at Trial in My Bakersfield DUI?

2011-03-17T17:41:00.000-07:00

Many DUI Attorneys argue thats since the purpose of the device is limited solely to assist the officer in establishing reasonable cause to arrest, and since reasonable cause to arrest is not an issue in the trial, the numerical results of the test are inadmissible as not relevant. Indeed, many Courts have recognized this principle and observed at that, “The preliminary alcohol screening test is not determinative of blood alcohol content, but is a field sobriety test which may be used as a further investigative tool in order to establish reasonable cause....”(citing Veh. Code, § 23157 (h).) There’s no question that the statutory authority for the PAS is limited for the sole purpose of reasonable cause. Further, one local Bakersfield DUI Lawyer has repeatedly argued that the statute does not authorize the use of the PAS device in every instance. Only if there is 1) a refusal to take FST’s or 2) incapacity to take the other FST’S, or 3) if the officer believes it is necessary to assist him as a further investigatory tool after an evaluation of the totality of the circumstances. In ab recent case in Michigan the court found that where a statute limited admissibility of PAS evidence to establish reasonable cause to arrest, it was error to admit such evidence at trial. In Michigan as in California, reasonable cause to arrest is a matter of law reserved to the court. Since the validity of an arrest is a question which is reserved for judicial officers and is to be decided as a matter of law many in the legal field say they do not believe that the legislature intended under any circumstances, that evidence admissible solely for the limited purpose of PC to arrest in a DUI context.

Can a Horizontal Gaze Nystagmus Test be Admitted in a DUI Trial?

2011-03-13T10:09:00.000-07:00

A Nystagmus test is a FST given roadside to a supected DUI driver, the test looks for a jerking of the eyeball while it tracks a pen the officer is holding. Before the officer may testify to the Horizontal Gaze Nystagmus test results, prosecution must produce expert testimony that the test is widely accepted for determining blood alcohol concentrations. This expert cannot be an officer or a crime lab technician according to the california case of People v. Kelly (1976) 17 Cal. 3d 24 and a single expert will not be sufficient, as the Supreme Court said in Kelly, it is “Questionable whether the testimony of a single witness alone is ever sufficient to represent, or attest to, the views of an entire scientific community.” People v. Kelly, supra at p.37. Furthermore, the prosecution must prove that the test was correctly administered to the defendant. In People v. Williams, (1992, 5th Dist.) 3 Cal. App.4th 1326, the arresting officer was permitted at trial to testify that in his opinion, based partly on the Nystagmus test, the defendant was under the influence of alcohol. This was permitted by the trial court after the officer testified he had received 10-hours of classroom instruction on Nystagmus at the CHP Academy, 8-hours of laboratory time, and had given the test in the field about 250 times. The trial court ruled that this was insufficient evidence to qualify the officer as an expert

California Appellate Court Delivers a Blow to Margin of Error Arguments in DUI Breath Cases

2011-02-27T12:14:00.000-08:00

In the case of Borger vs DMV, the Court last week ruled that a statute (in this case VC 13353.2) says that you can't drive with a blood alcohol content of .08 or more. Here, where a breath test says that your number is .08 or above, that creates a rebuttable presumption that you've violated the law. The driver in this case got stopped by the police and blew .08 on an intoxilyzer 5000. An expert toxicologist testified that the particular test used here has a range of .02; in other words, that someone who blows a .08 might actually have a .06 (or .10). The trial court gave credibility to the expert's testimony and, on that basis, concludes that there's insufficient evidence that the guy actually drove with .08 or more. The Court of Appeal however reverses. It holds that since the regulations allow the particular testing device used here, to hold otherwise would conflict with this approval and require everyone to essentially blow a .10 percent rather than a .08 percent. The lesson learned from this case is that there needs to be more evidence presented than just a mere blanket assertion that the machine has a margin of error, this might be some specific evidence of error from the lab, specific studies related to the device, usage logs and other documents obtained through discovery, just to name a few.

Can a Rental Car Company Refuse to Rent a Car to Someone with a DUI?

2011-02-27T12:03:00.000-08:00

The answer to this question depends on two primary factors 1) Does the person have a valid license at the time of the request to rent, and 2) Does the person appear to be free from any present signs of impairment or signs of physical or mental incompetence?. If the answer to both of these questions is yes, then the rental company is not prevented by law to rent the licensee a vehicle. So says the California Appellate decision in Flores vs. Enterprise Rent a Car. The bottom line is that the Vehicle Code does not require the Rental Car Company to do anything more than that above, and prior DUI convictions are not per se a reason to decline rental.

Breath Machines Are Not Always Right

2011-02-21T20:31:00.000-08:00

The breath machine has come to be known as the DUI test in virtually all drunk driving arrests. It has grown to a status that many cops believe to be infallible, but are they always reliable? Many say no. The science relating to the breath testing devices has its critics. The importance of checking the maintenance history and accuracy checks of the particular breath machine is crucial.

I was arrested for DUI in Manhattan Beach, why does the police report say El Segundo?

2011-02-20T13:06:00.000-08:00

No where is DUI enforcement as strong as in the South Bay of Los Angeles County. Among the predominant police agencies involved in this enforcement is the El Segundo police department, not surprisingly then it is common for these drunk driving patrols to encroach and sometimes even go into neighboring cities. Such is the case with these two law enforcement agencies according to one Manhattan Beach DUI Attorney who handles upwards of 100 cases a year in the area. The two police forces will work together in many investigations since the towns neighbor one another.

Another reason why you will often see the two departments names on each others arrest reports is because they both participate in what is called the "South Bay DUI Task Force" which is an inter agency unit that is tasked with one job: to catch drunk drivers. Indeed, when the task force is in full swing, it is not unusual to see cops from both forces driving around with each other says a El Segundo DUI Attorney . The law does allow for one cop to cross over into a different city to make an arrest for DUI, that is well settled says the lawyer. The fact is it is impossible to not cross over sometimes when there may be 5 cities in a 10 mile radius.

Hermosa Beach, Is it Time For DUI Diversion

2011-02-13T19:25:00.000-08:00

The DUI case load in the South Bay Court, particularly Hermosa Beach is enormous. Perhaps it is time for the Courts to consider a diversion program for driving under the influence cases. Diversion is a way for a criminal defendant to obtain a dismissal of a case following intensive counseling and rehabilitation. It is an option only for first time offenders. The benefit for the Court system and society is that the case is taken out of the system, thereby leaving more room for more serious offenses and recidivists according to one Hermosa Beach DUI Attorney that defends many drunk driving criminal matters in the local court. Many critics argue that this type of resolution does not set enough of an example to those contemplating committiong a similar crime. However, the extensive punishment component would be enough to deter future offenders many believe. The prosecutors and Judges will need to take all arguments into account before implimenting this program.

Redondo Beach Announces Plans to Conduct a DUI Sobriety/License Checkpoint

2011-02-11T10:07:00.000-08:00

The Redondo Beach Police Department has released plans to operate a DUI and drivers license checkpoint at an undisclosed location tonight and into tomorrow morning. A local newspaper has reported that RBPD police records show that in the past three years drunk drivers have caused 84 injury crashes in Redondo Beach, resulting in over 100 critical injuries. Money for the sobriety roadblock is provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration, says the Daily Breeze. The paper has posed the following question: Do The Police Have to Notify the Public in Advance of there intention to conduct a checkpoint? The paper correctly stated that there is no longer a legal requirement to do so, however, one Redondo Beach DUI Attorney points out that there are a litany of other constitutuional mandates that render the DUI checkpoints constitutionally permissible. The California Supreme Court has affirmed many of the other previously handed down criteria such as a plan created by supervisory police personnel, rather than the officers in the police officers in the field. In 1993, the court ruled that police were no longer required to provide advance notice when scheduling sobriety checkpoints. Legal scholars have opined that the current framework for analyzing these roadblocks may be flawed and future Court cases will likely be necessary to effectively promulgate a more precise set of rules for law enforcement to follow .

Actress Pressly Speaks Out About Her DUI Arrest

2011-02-10T19:13:00.000-08:00

Television star and female hearthrob Jaime Pressly has finally given a press release for possibly the first time about her recent legal woes, maintaining that the criminal arrest for DUI and marital problems are completely not related to each other. The Joe Dirt TV star entered a plea of not guilty to charges of drunk driving stemming from an arrest last month near the beach. According to a Santa Monica DUI Attorney , the maximum jail time she faces is time served, though the law does allow for up to 6 months. She was taken into custody by police in Santa Monica, California last month after failing to complete a field sobriety test. Her car had initially been pulled over for an infraction. Pressly, who was reportedly almost three times over the legal blood alcohol limit, was released on $15,000 bail and subsequently charged with two counts of driving under the influence. She entered her plea during a court hearing at a Los Angeles County courtroom in LAX Court, Division 147.

Meanwhile, Pressly reportedly owes over a half million dollars in unpaid taxes. She is also in the middle of divorcing prominent Hollywood Attorney Simran Singh. But she's upset that people are linking her marriage to her other problems - and she wants to protect her three-year-old son from the lies. She tells U.S. TV news show Extra, "People are thinking my divorce is happening because of the drunk driving situation. Truth is, these are all isolated incidents." She's also upset about remarks that have been made in the media about her parental skills in the wake of her current issues, stating, She better be careful, many of these incidents are often followed by a crime of domestic violence, from the perspective of a Santa Monica Criminal Attorney, "(These are) ridiculously unkind and untrue (allegations). I don't ever want my son to grow up and read all these false statements. "(My husband and I) fell in love quickly. We got married very quickly. It didn't work out the way we wanted to. There's nothing more to it." Good luck in the Courts.

Are New Portable Breath Tests Reliable?

2011-02-08T09:46:00.000-08:00

Earlier this year one of the largest manufacturers of breath testing devices in DUI cases announced they were introducing a new portable screener to the market, the ASV. The company released data that the device is reliable to less than .005%, however many DUI defense attorneys are skeptical. The science just does not support that level of accuracy says one Beverly Hills DUI Lawyer . Though there are very few studies to look at in the area of portable breath machines, the commonly accepted error rate is .01 to .015, no where near the levels the manufacturer touts. With this new technology will no doubt come a number of challenges.

DUI Involving Drugs on the Rise

2011-01-25T06:47:00.000-08:00

For police, DUI enforcement used to be very straightforward, you smell alcohol on the drivers breath and initiate a series of field sobriety tests to confirm the persons level of intoxication. However, nowadays it is not unusual for drivers to be impaired on any number of the thousands of prescription drugs in the marketplace. The rules have changed for law enforcement, says one Prescription Drug DUI Attorney , the same types of tell tale indicators that were useful for alcohol are inapplicable for drug detection. Some in the legal field are calling for a revamping of the standards utilized to detect impaired drivers.

In many police agencies officers are required to undergo training for drug detection and some have even opted for more extensive certification for DUI drug enforcement known as the DRE qualification. In fact in some northern California counties DUI involving prescription drugs and marijuana now outnumber those for alcohol. According to one Marijuana DUI Attorney the same field sobriety tests that police used 10 years ago are now obsolete when it comes to drug intoxication.

The Dream Act, Reward for iIlegal Conduct?

2010-12-19T11:29:00.000-08:00

The government lawmakers this week shot down the "dream act" effectively denying young children of illegal immigrants the opportunity to become citizens and finally be a part of the United States as legal citizens. Many believe this act was a reward to those that entered the US illegally, others say it rewards those who had no say in where they grew up and did the right thing by going to school and staying out of criminal trouble. Time will tell which side eventually prevails.

Ticket Myths

2010-12-11T11:10:00.000-08:00

There are few things that evoke more fear or loathing than getting stopped and ticketed by a law enforcement officer. The legal process that follows can be quite daunting from the standpoint of mounting a defense or dealing with the problem. One Lamont Speeding Ticket Attorney has assembled a list of common myths and half truths related to traffic tickets, it's worth taking a look at.

DUI While Parked

2010-12-10T18:14:00.000-08:00

Penal Laws in the state of California define DUI as driving at a time when your mental or physical faculties are impaired to such a degree that you cannot operate a motor vehicle with the caution characteristic of a sober person. The interrogatory is frequently asked if a person can be arrested and charged with a DUI while they are parked in their driveway. The answer to this question depends on whether the police can establish actual driving. Obviously, the law does not require that the police officer actually see the person driving, this element can be proven using circumstantial evidence. So, if the governmental officer sees the person pull into his own driveway and he is under the influence, game over. Further, if another witness sees the driving, same conclusion. Also, if evidence can be obtained to infer recent driving, IE. warm engine, admissions to recent drinking at the bar prior to arriving home, slumped over wheel while engine running, etc, all can be used to come to a rational conclusion that the person was driving. If other evidence, FST's breath tests and other evidence established that the person was impaired at the time of driving, a DUI case can be established.

DUI Law in the New Millennium

2010-12-04T10:51:00.000-08:00

It is indeed axiomatic that as civilizations evolve there is a corresponding increase in new laws and regulations designed to conform the society to a given paradigm. Criminal laws are no different. In our current civil structure we have experienced this upward pressure particularly in the category of rules governing the use of motor vehicles, aka automobiles. It is evident that the legislative bodies have concluded we are unable to think for ourselves and conform our behavior to basic common sense. A good example of this is the criminalization of the use of cellular phones while driving and the use of active restraints such as seat belts. DUI laws are also on the agenda and we will see an increase in legislative interaction into how we govern those that use alcohol and drive.

"Over the Influence" commercials send the right message to our youth

2010-11-21T09:03:00.000-08:00

Recently, I have seen the new television commercials that espouse abstinence from alcohol and drugs, targeted mainly to young people. These messages need to be played more frequently to buffer then constant onslaught of ads that encourage getting drunk and being under the influence, great work whoever put these together.

Correlation Between DUI and Domestic Violence?

2010-11-08T06:10:00.000-08:00

Many social scientists believe that domestic violence goes hand in hand with alcohol consumption and as the economy gets worse alcohol abuse is on the rise. DUI comes into play, according to one Long Beach Domestic Violence Attorney, when the misuse of alcohol becomes intertwined with Domestic Violence. As the situation escalates, often the abuser will find him or herself pushing the limits of societal norms and find themselves drinking and driving which may lead to DUI. The studies are awaiting peer review on this one, stay tuned.

The Right to an Independent Test in California

2010-11-06T10:47:00.000-07:00

All states require a suspect in a drunk driving case to submit to a chemical test, breath blood or urine. In California if the arrestee chooses a breath test he also has the right to a second independent test of blood or urine in order to save a sample for retesting if he chooses. the test will be at the person's expense and is only permitted when breath is the first test. the rationale is that the breath cannot be saved and therefore if a sample is desired for retesting then a bllod or urine can be requested.

What is Retrograde Extrapolation?

2010-11-06T10:38:00.000-07:00

In some cases a person's blood alcohol level may not be high enough to attempt to punish him or her for driving with a proscribed level. In these cases the prosecutor will try an "relate back" the BAC to the time of driving in an effort to show the BAC was higher at the time of drving versus the time the test was administered. Some believe that this is nothing more than an educated guestimate. To do this the DA will use an expert to use various "known" facts and assume the other unknowns. This practice is frowned upon by many DUI scientists yet many Judges will allow the evidence despite crticism by those in the scientific community.

California DUI Laws

2010-09-23T18:02:00.000-07:00

No area of the law has undergone such a significant change over the last 20 years than that of California DUI Law. Indeed, the legislature has tinkered and toyed with various aspects of the criminal drunk driving laws such as sentencing, enhancing sentences through new statutes that impose more severe jail requirements under certain factual circumstances such as speeding, having children in the car and having elevated blood alcohol levels. The state has shortened the time period that a DUI prior can be used in the current case. An increase in the length of DUI schools, adding three additional programs. All of these changes just in the last decade or so. What changes will we see in the coming years? Time will tell.

The New Law About DUI Ignition Interlock Requirement

2010-09-05T15:40:00.000-07:00

Last year the California Legislature came up with a bright idea to force first time DUI offenders with no other record to install a device in every car they own that would block any attempt to start the vehicle without a blow from a human that has no alcohol in their breath. The pilot programs in Los Angeles, Tulare and Kings County would be part of DUI probation and would remain on the car for a minimum of three months. According to one Burbank DUI Lawyer , the new law is a complete waste of money and an undue hardship for most first offenders. "The new law only benefits the companies that install the devices" there is little deterrent effect in the implementation of the program and the Courts will be overwhelmed in an already tight budget crisis. Some believe that the new law should be looked at again and repealed. What are your thought?

Enjoying the Beach, Avoid coming on vacation and leaving on probation

2010-08-14T16:28:00.000-07:00

With the summer here and temperatures soaring, many are visiting local beach communities but find themselves being arrested for a DUI. One Grover Beach DUI Attorney has warned that watch out for local police who ramp up the enforcement and DUI patrols when the temp warms up. Avoid being arrested by following these 3 basic rules: If you drink do not drive, If you have no one to drive for you take a cab home and If you are going out to party leave your car keys at the door. have fun this summer!

Can a Medical Marijuana Defense be Lodged Against a DUI Charge

2010-08-12T19:14:00.000-07:00

With many in California getting a doctor's recommendation to smoke marijuana comes the frequent question of whether a prescription for pot use can be a defense to a DUI? The short answer to this question is no. California law proscribes a person from driving under the influence of alcohol or drugs. Just as a person cannot go into Court and claim that they purchased alcohol legally or purchased pain killers legally, they cannot say that they can drive while under the influence of pot just because they had a prescription, period!

Is There a Crime of Parking While Drunk

2010-08-07T07:36:00.000-07:00

More often nowadays attorneys are seeing cases involving individuals arrested for DUI that were not actually driving . The question many folks have is whether it is legal to arrest foe drunk driving when the suspect was actually parked. The officer is permitted under California law to arrest if he suspects that the person was driving when they were intoxicated even if they were not driving when the officer pulled up. Th bottom line is that there must be sufficient circumstantial evidence that shows a crime did occur, ie. that the person admitted to having too much to drink and driving or that the engine is running or that the car is blocking traffic, etc.

Is a Forced Blood Draw the same as a Refusal?

2010-07-22T19:16:00.000-07:00

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 "Heat" and Keeping it Off you When Drinking This Summer

2010-07-17T12:36:00.000-07:00

No doubt, many of us will be drinking this summer. Keeping the police or "heat" off you back is a simple as exercising common sense. When you consume alcohol, do it responsibly. When you drink do not drive, this simple maxim will keep you out of jail and avoid a DUI on your record.

July 4th DUI Checkpoints Announced for Los Angeles

2010-07-01T08:52:00.000-07:00

A number of DUI checkpoints will be administered by Los Angeles police Departments over the Fourth of July weekend.
One checkpoint is planned at the intersection of Broadlawn Avenue and Cahuenga Boulevard West near Universal Studios, according to the Los Angeles Police Department.
A news conference will be held at that location at 5 p.m., with City Councilman Tom LaBonge, a representative from Mothers Against Drunk Drivers and officials from the LAPD scheduled to speak, according to the LAPD.
Another Drunk driving checkpoint will be set up on Florence Avenue between Broadway and Main streets, the LAPD said.
Police will set up traffic signs advising drivers they are approaching a checkpoint. Once there, police will explain to motorists the purpose of the checkpoint and detain drivers who appear to be under the influence, according to the LAPD.
Validity of driver licenses also will be examined, police said.
The West Covina Police Department is also planning a DUI and drivers license checkpoint at an undisclosed location "where a significant number of DUI-related collisions and DUI arrests have occurred," according to West Covina PD Lt. Marty Sevilla.
The checkpoints will be in place Friday, July 2, from 6 p.m. to 1 a.m.

Summer Travel Equals Higher DUI and Speeding Citations

2010-06-29T12:17:00.000-07:00

With the heat rising into the summer months most police agencies report a higher uptick in speeding violations. According to one recent survey of California law enforcement, the average stop for speeding will be a chance for the cop to do a quick sobriety check of the driver. According to Coalinga Speeding Ticket and DUI Attorney , based along the interstate 5 freeway in CA, the most common reason for stopping and arresting a drunk driver is excessive speed. With this bit of knowledge we are advising readers to not drink and drive, if you do decide to have a glass of wine or beer this summer and get behind the wheel of a car, do not speed and be safe!

Ignition Interlock For DUI Offenders, The New Paradigm

2010-06-26T11:58:00.000-07:00

California may be the first state in the nation that mandates an ignition interlock for all first times DUI offenders. In a new pilot program starting g in July all first offense drunk driving defendants will be ordered to install and maintain an ignition interlock on all motor vehicles as part of their probation in counties such as Los Angeles, Tulare and others. Will this become the norm? Time will tell.

The Future of DUI Defense

2010-06-16T19:03:00.000-07:00

The laws of California DUI are in a constant state of flux. For example, the MADD lobby has pressed for stiffer punishment of first time offenders by enactin the IID requirement that goes into effect in July 2010. The insurance industry has gone crazy by requiring those that get a DUI to get an SR-22 and jacking up the insurance rates for first time convictions, the Supreme Court has all but eliminated the fourth amendment when it comes to a drunk driving arrest, what is next? we will see!

Fun, Sun, The Beach and DUI this Summer

2010-06-06T11:24:00.000-07:00

With summer comes fun in the sun, drinking and sometimes over consumption of alcohol. No doubt the best advice when indulging is to avoid any driving. Invariably however there will be those that do not heed this advice and get arrested for DUI. One Seal Beach DUI Lawyer offers the following advice if arrested: First do not volunteer any information about the number of drinks you have had, Second, comply with all requests except do not volunteer to do any FST exercises if they are requested, Third, take the breath test not blood and do not agree to submit to the infield PAS unless you are under 21 or your jurisdiction DMV requires it such as if you are on probation. Have fun, do not drink and drive and put on sunblock.

The Speed Enhancement for DUI Charges in California

2010-05-22T09:47:00.000-07:00

California imposes additional penalties on those convicted of DUI charges if some aggravated circumstances exist. Among those are when an individual is caught speeding at a high rate at the time he is stopped by the police. The Speed Enhancement as it is known carries an additional jail sentence of 60 days over and above what the original DUI sentence is. According to one Santa Clarita Speeding Ticket and DUI Attorney the law does require that the speeding be done in a manner that constitutes reckless driving notwithstanding the speed traveled. In other words, the conduct has to endanger others by the way the car is driven such as weaving in and out of traffic or speeding on a roadway with many pedestrians.

What is a Wet Reckless in California?

2010-05-10T20:40:00.000-07:00

A very common question by those facing a DUI charge is what a wet reckless is under the CA law. A wet reckless is a reduced form of DUI that is basically a reckless driving that involves alcohol. It is two points on a DMV record and is considered a prior if another DUI comes around within ten years. The big difference is when a person has a second offense and therefore is facing the mandatory second time penalties. A wet will save them from mandatory jail time and the 18 month DUI school.

What Constitutes a Felony DUI in California

2010-05-08T14:34:00.000-07:00

Many believe that a DUI is elevated to a felony after the first offense, that is not the case. California law sets forth the language that defines a felony DUI as follows: VC 23550 states that If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of three or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 180 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). In addition, The person's privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles and the court shall require the person to surrender the driver's license.

DUI Checkpoints This Weekend in The South Bay

2010-05-07T11:42:00.000-07:00

The Gardena Police department will conduct a sobriety and driver's license checkpoint from 7 tonight to 4 a.m. Saturday in the eastbound lanes of the 1300 block of Rosecrans Avenue.
Manhattan Beach CA. Law Enforcement will conduct a DUI enforcement patrol from 7 p.m. May 14 to 3 a.m. May 15 to identify and arrest suspected DWI drivers.

Many People Ask, Why publicize stops? California Law at one time required police to publicize notices of sobriety checkpoints, law enforcement agencies continue to do so as a public service. A 1987 California Supreme Court ruling had made advance publication of the checkpoints a requirement. But in December 1993, the court ruled that police were no longer required to provide advance notice when scheduling DUI sobriety checkpoints.

The Court decision said publicity announcing the location is not constitutionally required, but makes the checkpoints more effective. The local paper continues to publish notices of sobriety and driver's license checkpoints as a public service when advised of them by the local police agencies, which believe the notices serve as a deterrent

DUI Charges for Los Angeles Official

2010-04-27T19:07:00.000-07:00

News today that Los Angeles City Administrative Officer Miguel Santana was charged today with two criminal misdemeanor DUI counts originating from his arrest while driving home from a charity dinner last month. Santana, 40, is scheduled to be arraigned May 25 in West Covina Superior Court on one misdemeanor count each of driving under the influence and driving while having a blood-alcohol level of higher than the legal limit of .08 percent, according to the Los Angeles District Attorney's Office.

Santana took a leave of absence following his DUI arrest last month, but has since returned to work. "I apologize to my family, friends, the mayor, City Council, CAO staff and the entire city family for my irresponsible behavior," Santana said in a statement released last month after his arrest about 12:15 a.m. March 26. He was taken into custody by the California Highway Patrol in the Covina area after he attended a charity roast for Los Angeles County District Attorney Steve Cooley, then freed on $5,000 bond.

The defendant was initially stopped for speeding, but was arrested after failing a sobriety test, according to the CHP. Before Mayor Antonio Villaraigosa appointed him to serve as CAO last June, Santana served as deputy chief executive officer of Los Angeles County and as an aide to county Supervisor Gloria Molina. He was the first hispanic to oversee the city's fiscal affairs and $6.7 billion budget

Distinction Between Probable Cause and Reasonable Suspicion in DUI Cases

2010-04-25T10:23:00.001-07:00

Within the context of driving under the influence cases, there exists many legal concepts unique to the area, among those are the somewhat mysterious legal terminology of "probable cause" and how that differs from reasonable suspicion. Thanks to Kern County DUI Attorneys in Shafter and Taft CA we have a great primer on the distinction between the two terms.

The facts and observations divulged during an investigatory detention may lead to probable cause to arrest the person detained for a DUI case. However, the officer must possess facts sufficient to support crossing the threshold between mere reasonable suspicion to detain and question, and full probable cause to arrest, before the latter action may be taken. If the investigating officer does not yet possess facts sufficient to create probable cause to believe the detainee has committed a crime, yet restrains the liberty of the detainee in a manner consistent with a formal arrest, the detention, even if initially lawful, becomes illegal. For example, transporting a DUI suspect involuntarily to a stationhouse for further questioning, without probable cause to link him with a crime such as driving under the influence, violates the detainees Fourth Amendment rights. This more intrusive step in the investigatory process requires probable cause and cannot be justified on reasonable suspicion alone. Courts look to the extent of the restriction on an individuals freedom and movement to determine if the restraint is more consistent with a detention, or a full-blown arrest. For example, although the use of handcuffs on a suspect is a hallmark of a formal arrest and is generally considered a watershed, where a temporary detention becomes an arrest, a suspect nonetheless may be handcuffed or similarly restrained during a temporary detention, if the circumstances justify it.

Does the Law treat DUI cases differently for Nurses?

2010-04-24T17:05:00.000-07:00

Many folks find themselves in a difficult situation when arrested for drunk driving, but for a nurse the DUI can lead to termination and loss off their license, is this fair? It seems that for other similarly situated persons the consequences are different. Doctors for example often get a free first or even second strike but many attorneys say that is not true if you are a nurse. Your comments please.

City Official Arrested on DUI

2010-03-28T08:49:00.000-07:00

A Los Angeles city official was arrested on DUI charges stemming from a traffic stop over the weekend. As is often the case, the official, City Administrative Officer Miguel Santana, was pulled over for speeding and that invariably led to the officer detecting an odor of alcohol and then a series of field sobriety tests after which he was arrested. This incident is similar to a score of recent arrests involving city officials in the Los Angeles area. The arrest was made by the CHP or California Highway Patrol.

100 mph DUI crash leads to Manslaughter Charges in Orange County CA

2010-03-17T08:50:00.000-07:00

An Orange County California man has been charged in the death of a motorist on a popular and well traveled toll road, officials said Wednesday. According to the District Attorneys office, Richard Ernest Caselli, 37, was driving at speeds exceeding 100 mph on the toll road when he crashed into an SUV on Oct. 16, 2009. The impact of the vehicle crash ejected the driver of the SUV, and Caselli showed signs that he had been drinking, according to police at the scene.

Underage DUI in California, The Distinctions

2010-03-17T07:20:00.000-07:00

California law proscribes drinking for anyone under age 21. The law of drinking and driving for under 21 drivers makes it an infraction to have under .05 in your body while driving, this is VC 23140. Another law, known as zero tolerance is VC23136, it states that no person under 21 shall have a .01 or higher in their body while driving. The distinction is VC23140 carries 2 points, 23136 does not and 23140 requires completion of an alcohol class. Underage DUI charges also have different proof issues as compared to adult criminal charges, a lawyer should be consulted for the specifics. Your comments please.

Surviving an APS Supension in California, Notice May Be The Key

2010-03-09T20:38:00.000-08:00

California's APS suspension dictates that a person's license be suspended upon service of a notice of suspension. However, the law is often not followed when it comes to the requirement that the police officer give notice of the order. In DUI cases this crucial element can be a person's saving grace.

Point of Arrest BAC Testing, The New Paradigm?

2010-03-07T08:13:00.000-08:00

For ages DUI defense attorneys argued in most every DWI case that their client's BAC was rising at the time of the car stop and therefore the test back at the station was higher than the true level at the time of driving. This mantra paved the way for many acquittals at trial. The latest in law enforcement is "at the scene" testing of both breath and blood with the utilization of mobile testing units that have nurses to draw blood at the roadside and approved breath machines that collect a sample of the drivers breath. This new model for BAC collection may change the way many attorneys defend cases.

What is an SR-22?

2010-03-05T18:24:00.000-08:00

As a DUI Lawyer that deals with DUI laws in California I am often asked what a SR-22 is in relation to a conviction or DMV suspension. An SR-22 is an official proof of insurance that is provided electronically to the DMV to satisfy the requirements for a restricted or full drivers license.

DUI Punishment Differs in each California City

2010-03-05T08:11:00.001-08:00

With ever greater punishments being enacted by our state legislature maybe it is time to look at the diversity among counties as to the specific sentences given for first time DUI offenders. For example, in Ventura County their is a mandatory 2 days jail on 1st offense, in Los Angeles no jail is usually given, is the differences in criminal sentences a Equal Protection issue? Your comments please.

Distinction Between Drunk in Public and DUI

2010-02-28T12:55:00.000-08:00

California law distinguishes between being drunk in public and driving under the influence according to a Long Beach Drunk in Public Attorney that specializes in the crime. There is a greater showing of intoxication necessary to convict on public intoxication than there is the driving charge, the standard is such a state of drunkenness that the person can no longer care for himself or the safety of others versus simple impairment to an appreciable degree for DUI.

Are Nurses Bearing The Brunt of DUI Legislation?

2010-02-22T18:48:00.000-08:00

The tougher laws that punish first time offenders are putting the screws to those that treat us in times of need. Nurses are getting their licenses revoked for nothing more than picking up a DUI. Yes, in California the governing agencies are seeking to pull the licenses of nurses and nurse practitioners. Is this Fair, your comments are appreciated.

Are First Time DUI Offenders Deserving of the Punishment Imposed?

2010-02-19T06:28:00.000-08:00

With ever greater frequency, the state is imposing harsher penalties upon those charged with a first offense driving under the influence case. The sentences indeed are sometimes very draconian. In many California Counties Courts are requiring actual jail time in addition to the jail the offender received when they were arrested and held before release. Is the requirement of jail just? Does the sentence fit the crime? Your comments are very much appreciated.

Are Judges Sometimes Wrong?

2010-02-17T18:30:00.000-08:00

This question was posed to a famous Judge that hears many cases on a daily basis. The answer may surprise many. The Judge revealed that he does not like to think about it. Is this logical? The fact of the matter is that Judges make judgement calls based on the facts before them. Therefore, the best way to achieve the just result it is imperative that all relevant facts be presented. the best way to accomplish this is to have a lawyer in your camp that is competent and ethical.

Are Judges Overreaching in Court?

2010-02-09T19:04:00.000-08:00

With increasing frequency, Judges are requiring AA meetings as part of a conditional release. The problem, many argue is that AA requires the recognition of a Supreme or higher being. Is this ok for those that do not believe in God? The question remains, bring your comments.

Prescription Drug Intoxication

2010-02-05T21:38:00.000-08:00

For many the definition of DUI is that of alcohol impairment, however, with the advent of newer prescription drugs capable of impairing the driver the law has evolved to encompass those that take drugs and drive. Though California has yet to define at what level a person is legally intoxicated and unable to drive on meds, the law does proscribe that impairment can include the use of medications as defined in VC 23512a.

Bail, O.R. in the Typical DUI case

2010-02-04T08:06:00.000-08:00

In the ordinary course of a drunk driving arrest it is typical for the arresting officer to book the suspect after he determines that the individual was intoxicated, at this key time the jail has the choice to either release the person from custody with a signed promise to appear in Court (known as O.R.) or require the posting of bail. With increased tension from MADD and other groups many jailers are opting for the bail route, even though the accused is of little risk of flight. Is this right? your comments are appreciated.

Source Code Litigation, What's all the Hoopla?

2010-01-30T17:22:00.000-08:00

More and more these days we are seeing attorneys discussing source code litigation on their websites. What is it and how can it help a person facing DUI charges.

Well, the long and the short of it is as follows: If you were arrested and chose breath as your test that machine uses software that runs the process. That software is at the heart of the "source code" legal battles, attorneys want the software codes and some manufacturers refuse to turn it over. The lawyers argue that the code is necessary to defend the client against the machine result. On the other side is the breath machine companies that argue it is proprietary and protected and that is the battle. We will see more on this topic in the future.

Instant Breath Testing, the New Age of DUI

2010-01-28T19:18:00.000-08:00

For decades the norm in breath testing for DUI cases was to transport the arrestee to the station and have them blow into a tabletop breath machine. Times have changed, today many police departments have roadside breath instruments that can obtain a sample right on the side of the road. These devices present new challenges for reliability and integrity, the jury is still out on the permanency and widespread use of these point of use breath machines.

Judges, Prosecutors and Jurors in Drunk Driving Cases

2010-01-24T11:52:00.000-08:00

The crime of drunk driving is viewed much differently than other misdemeanor offenses in the criminal justice system. The danger of impaired driving hits home for most people much more than say a assault and battery. The mere mention of the term evokes very discerned emotion and sometimes even fear. Prosecutors have a much greater political pressure when plea bargaining DUI cases. As such, a very different approach must be taken when dealing with the judicial system, to ignore this can be fatal.

Marijuana and Impairment

2010-01-24T11:41:00.000-08:00

The most commonly utilized chemical test for a marijuana after a DUI arrest is a urine test. In most of California typically a suspect detained for DUI will be required to submit to either a breath or blood, but when drugs such as marijuana are suspected the choice is restricted to blood or urine. Because most people will choose to take a leak in a cup over having a sharp needle jabbed in their arm, the most common test seen is that of urine. Problems can come into play with marijuana urine tests. The most often asked inquiry is how long does marijuana stay detectable in a persons urine?

It is commonly accepted in the scientific community that cannabis metabolite (a breakdown product) is detectable in urine for an extended period of time compared to other drugs. Initially, it is important to define what is meant by marijuana metabolite. Very often this term refers to a specific breakdown product of cannabis called delta-9-carboxy-tetrahydrocannabinal (otherwise known as THC). What is crucial to understand in the context of DUI prosecutions is that carboxy THC is not psychoactive and has no effect on ones physical performance or ability to drive an automobile safely. Carboxy THC is an oily substance that accumulates in a person's body fat over time after smoking and is slowly released into the blood and excreted into the urine as a waste product.

This is the main reason why carboxy THC is detectable in the urine for extended periods of time compared to that of other substances and their metabolites. Since the effects of pot seldom last beyond several hours, the presence of carboxy THC in the urine sample collected after an arrest for DUI does not necessarily prove that the individual was DUI or impaired by the recently smoked pot at the time of driving his or her motor vehicle.

How Do the New California DUI Laws Affect Cases from 2009?

2010-01-23T09:54:00.001-08:00

The answer to this question is not yet fully resolved. If you read the statute governing the new law the language does not fully explain how the issue of retro activity will be addressed. As such, DUI offenders with cases occurring before 2010 and before July of this year will need to be treated differently than offenses that occur after the law takes full effect. Any comments appreciated.

New California Law to Allow Restricted License for Second DUI Draws Criticism

2010-01-20T20:47:00.000-08:00

The new law going into affect in July 2010 allows for second time DUI offenders to get a restricted license after serving just 90 days of a suspension. This new law is a far cry from the old law which mandated a minimum one year suspension before a restriction could be granted. The new ignition interlock restriction still has many in an uproar, particularly MADD proponents and those seeking to turn multiple DUI offenders into felons. Time will tell whether their will be a turnabout on the granting of early license reinstatement in the golden state.

The Emergence of HAMM

2010-01-20T08:52:00.000-08:00

With increasing frequency Judges are ordering as a term of probation for DUI that offenders attend a hospital and morgue program, known as HAMM. The Courts want to take a shock approach with probationers and therefore require the programs that show the attendees dead bodies, injured individuals and the aftermath of DUi accidents. These Court ordered programs seeks to impress upon the students that drinking and driving causes death and despair for all. I am awaiting a study that presents any empirical evidence of the program's effectiveness. Anyone with info. please comment.

Zero Tolerance, The Game Changer

2010-01-17T10:44:00.000-08:00

Though not currently the state of the law, the idea of zero tolerance when it comes to DUI enforcement is not that far off. In California, we have already adopted a zero tolerance policy for persons on probation for drunk driving, we can see many changes in the application of this concept in the coming years I am sure.

Societal Misconceptions of DUI

2010-01-17T09:16:00.000-08:00

The advent of the crime of driving under the influence has brought with it both good and bad. The good is that we have likely saved hundreds from senseless injury, death and pain due to getting those that are truly impaired off the roadway. The bad is that many folks who are not impaired and are of no risk to the public have been arrested for DUI because of hysteria of drinking and then getting into a motor vehicle. The police are quick (some may say rightfully so) to arrest someone with the mere odor of alcohol on their breath. As a lawyer I have seen many cases where an arrest takes place and later a breath test exonerates the driver with a BAC lower than .05, which is the level at which even the AMA admits a person is not impaired. Society has instilled a belief that having the odor of alcohol on your breath and drivinf is illegal, and MADD has instilled a societal belief that any drinking and driving is a crime. Right or Wrong? What are your thoughts.

Hiring A Lawyer After a DUI Mishap

2010-01-16T15:42:00.000-08:00

It is certainly commonsense and should be that those individuals that have the financial resources to retain a specialist in the area of driving under the influence litigation are much more likely to come out above the crowd when going into Court. Being stingy or tight fisted when arrested for a crime is not wise, only a lawyer familiar with the area of criminal law can extricate someone facing criminal prosecution. Do not look for the cheapest lawyer to defend you or your loved ones, spend the money to engage the services of an attorney that is experienced and has the knowledge to get you out of the mess you are in. Incarceration and harsh penalties can be avoided if the proper choices are made in a cool and logical manner. Conversely, those that are in dire straits financially may not have the choice.

MADD and the new decade

2010-01-16T15:09:00.000-08:00

Everyone knows the impact Mothers Against Drunk Driving has had on the enforcement of DUI laws in our country. In the new decade, we will see a greater presence of MADD in every drunk driving sentence imposed. Most Judges are now requiring the attendance of all offenders to a MADD class that is put on by the Organization, instilling the MADD beliefs and principles in every attendee. More to Come.....

Trends in DUI Enforcement-The Blood test at the Scene of arrest

2010-01-16T14:45:00.000-08:00

Recently, many DUI attorneys have been seeing an uptick in blood collection at the scene of a DUI arrest as opposed to the blood being collected at the hospital or in a clinic. The concern for many is the safety of the practice and the integrity of the collection system for criminal prosecution. This new trend attempts to do away with the problem of huge delays in blood tests from the time of driving to the time of the test at which time the blood alcohol level might drop or even rise. Stay Tuned for more on this issue.

Are California DUI Laws Too Tough

2010-01-16T14:18:00.000-08:00

The answer to this question depends largely upon your views of drinking and whether society should tolerate one to drive with any amount of alcohol in their body. Prosecutors will tell you the laws are there to protect the public, I on the other hand see the tougher laws benefiting only special interests such as insurance companies, DUI schools, Ignition Interlock Companies, just to name a few. As the laws get tougher so to do the financial windfall to those special interests. Something to Ponder?

Thoughts about Letting Multiple DUI Offenders Drive for Work

2010-01-16T14:11:00.000-08:00

As a DUI lawyer for well over a decade I have certainly seen the aftermath, death and destruction from DUI accidents and injuries. on the other hand I have seen tough sentencing laws cause great headship on the families of those convicted of DUI. In balance, I believe the law should be tough on you if you continue to commit criminal offenses such as driving while under the influence of alcohol or drugs. However, I also think one should be able to continue to drive to work so that they can be productive members of society. When I say drive, I mean legally drive. This should require an ignition interlock or other safe guards that ensure the driver cannot have any alcohol in their system.

The DUI Numbers are in For 2009 Holiday Arrests

2010-01-16T14:06:00.000-08:00

From Christmas Eve through the end of Sunday, the California Highway Patrol arrested 1104 people on suspicion of a DUI, according to a state report released today. 251 people, accounting for nearly 23% of those arrests statewide, were in Los Angeles County.

Most of the driving under the influence arrests occurred on the weekend Saturday and Sunday. Between Christmas Eve and 6 a.m. Saturday morning, only 303 people had been arrested on suspicion of drunk driving statewide and 68 in Los Angeles County.

22 people were killed statewide with 2 of those fatalities located in Los Angeles County.
Because Christmas Eve fell on a Thursday, the holiday enforcement period was shorter than last year when the holiday weekend began on Wednesday evening. There were 1397 DUI arrests and 37 fatalities (7 in Los Angeles County) in 2008.

New California Law Allows for Restricted License for Second Time DUI Offenders

2010-01-16T13:57:00.000-08:00

The California Legislature has enacted a new law that offers shortened license suspension and revocation periods for certain repeat DUI offenders who meet specific criteria.For example, a person convicted of their second drunk driving offense in California, within 10 years of the first one, may become eligible to apply for a restricted driving license after completing the first 90 days of a two year license suspension period.

Under the prior version of the law, the DUI Offender would have to wait for 12 months before applying for the restricted license.To qualify for the restricted California driver license, CA drivers must provide:-Either proof of enrollment or partial completion of a 18 or 30 month certified DUI program-Proof of financial responsibility (i.e. proof of SR 22 insurance)-Installation and maintenance of an ignition interlock device-Payment for any applicable DMV fees, including reinstatement, reissue and restriction fees.

The amount of time persons convicted of DUI must wait before becoming eligible to apply for the restricted license and the criteria for obtaining the license vary based on the type of DUI offense, the number of previous convictions and whether the offense included alcohol, drugs or a combination of both.

The DUI Times

2010-01-16T13:48:00.000-08:00

The purpose of this blog is to discuss the current state of the law relating to DUI and the enforcement of drunk driving laws by law enforcement.

Society has demanded that our roads be free from persons that are impaired by alcohol and drugs and our legislators have answered the call by drafting and creating ever more harsh penalties for those convicted of driving under the influence.

In addition to tougher criminal laws, states such as California has enacted harsh sanctions relating to a person's driving privilege and drivers licenses.