Actress Pressly Speaks Out About Her DUI Arrest

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?

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

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?

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

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

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

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.