Point of Arrest BAC Testing, The New Paradigm?

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?

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

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

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.