What do surprise balance tests performed for the first time at the side of the road have to with sobriety? Nothing. Field Sobriety tests have numerous problems. First, there is no baseline of your ability to do the FSEs when you have zero alcohol in your system. Second, the tests are supposed to be standardized, […]
Read MoreLawyers are often scared of character evidence. They fear that even bringing in vague good character evidence will open the door for bad character evidence in rebuttal. When Is Character Evidence Admissible? California law says character evidence is admissible “if offered by the defendant to prove his conduct in conformity with such character or trait […]
Read MoreThe Prosecutor Must Prove Driving In Your DUI Case. In California, the “D” in Driving Under the Influence stands for driving. Some states allow conviction for DUI if you are operating or in control of the vehicle. In California, a DUI requires some ‘volitional movement of the vehicle’. Do the cops need to see you driving […]
Read MoreBlood Test or Breathalyzer: Which Test Makes It Easier To Fight Your DUI? I used to say that it didn’t matter which test you took because both of the tests were subject to attacks. These attacks are based on scientific problems with the tests themselves. As a result of the decision of the California Supreme […]
Read MoreDUI Interview With Mark Rosenfeld (Mr. DUILA) THE CHALLENGES OF DEFENDING SOMEONE ACCUSED OF DUI AND DOING IT RIGHT Here is the DUI interview I did with DUI attorney Mark Rosenfeld, Mr. DUI LA. It includes us talking about the challenges of DUI Defense and going through a recent DUI trial victory of mine. In the […]
Read MoreAT DUI STOPS, THE FIFTH AMENDMENT AND MIRANDA REQUIRE YOU TO INVOKE UNEQUIVICALLY. First off, the cops failure to read you your rights will not get a DUI case dismissed. At DUI stops the fifth amendment and Miranda will possibly get your statements suppressed, if it is determined that you were in custody at the time the statements were made. This is […]
Read MoreDUI Travel Restrictions: Canadian Entry Got a DUI and going to Canada? Canadian entry can be denied because of DUI Travel Restrictions. Canada treats a DUI as a felony (in Canada, it’s a National Crime as opposed to a Misdemeanor) and will not allow you to enter by plane or apply for visa. Although, clients […]
Read MoreProblems With the CA DUI Blood Test: Fermentation and Contamination. Fermentation The first problem with blood testing for alcohol is that it’s impossible to tell how much alcohol was created by later fermentation of the sugars in blood by microorganisms. In other words, the microorganisms naturally present in the blood begin to produce alcohol in […]
Read MoreThe San Francisco Appellate Department recently decided a case entitled People v. Alvaredo. The police stopped Alvarado at a DUI checkpoint. The police arrested him for DUI. His Attorney moved to suppress the evidence , including the breath test. Alvarado’s attorney argued the cops did not follow the procedures established by the California Supreme Court […]
Read MoreA Federal Court Massachusetts has ruled that the government can’t search your cellphone, laptop or other electronic devices at the airport without reasonable suspicion that evidence of a crime is stored on the device. Up until now, ICE has been routinely searching peoples phones and laptops at the airport without probable cause. The Fourth Amendment […]
Read MoreThe Office of Edward J. Blum
