Posts tagged with 'dui-defense'

blog post image

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 interview Mark and I discuss the common misconception that DUI cases are unwinnable.

Read More
blog post image

Be safe out there. Don’t let the cops ruin your holiday. Avoid these LA Area weekend DUI checkpoints: Tonight (7/3): Hollywood Area saturation patrols from 4 pm to midnight. A saturation patrol means lots of cops patrolling the streets looking for people exhibiting ‘clues’ of driving while impaired.

Read More
blog post image

For reasons I discuss elsewhere, blood testing is now my recommended choice. Remember: unless you are under 21 or on DUI probation you are free to refuse the handheld Breathalyzer given at the scene of the DUI stop AND I advise that you so refuse.

Read More
blog post image

The first problem with blood testing for alcohol is that it’s impossible to tell how much alcohol was present at the time of the blood draw and 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 the sample.

Read More
blog post image

I used to say that it didn’t matter which test you took, blood or breath, because both of the tests were subject to attacks based on scientific problems with the tests themselves. As a result of the recent decision of the California Supreme Court in People v. Vangelder, I have changed my recommendation.

Read More
blog post image

Those pulled over for a traffic stop invariably tell the arresting officer that they had “one or two beers” when asked. This is a mistake for two reasons. First, the person pulled over is under no obligation to assist the police officer in building a case against them.*

Read More
blog post image

I often refer to the DMV DUI hearing (Department of Morons and Villains h/t Ed Kuwatch) as a “Kangaroo Court” because the DMV Hearings Officer, often a person with no legal training, acts as the prosecutor, judge and jury. The defense bar recently got a little help keeping client’s licenses from, of all places, the First District Court of Appeals.

Read More
blog post image

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 for the arrest to be valid? Yes.

Read More
blog post image

In California, there are lower consequences for pleading to Wet Reckless than to a DUI conviction. A DUI carries a Mandatory 3 month Alcohol class, Wet Reckless a 12 hour class. There are usually lower fines for a Wet Reckless. A Wet Reckless does not have the same insurance consequences.

Read More