Sunday, September 5, 2010

The New Law About DUI Ignition Interlock Requirement

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 Some believe that the new law should be looked at again and repealed.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?

Saturday, August 14, 2010

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

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!

Thursday, August 12, 2010

Can a Medical Marijuana Defense be Lodged Against a DUI Charge

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!

Saturday, August 7, 2010

Is There a Crime of Parking While Drunk

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.

Thursday, July 22, 2010

Is a Forced Blood Draw the same as a Refusal?

In California, the law treats the forced removal of blood the same as a refusal. What this means in a practical sense is that the DMV will suspend or revoke your diving privilege for a minimum of one year.

Saturday, July 17, 2010

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

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.

Thursday, July 1, 2010

July 4th DUI Checkpoints Announced for Los Angeles

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.