Distinction Between Drunk in Public and DUI

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?

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?

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?

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?

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

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

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?

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

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

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.