The California Legislature has ordered the DMV to provide licenses to people who reside in California, even if you don’t have proof of citizenship. The big picture is if you are a non-citizen, you can now get a driver’s license and avoid fees and convictions for driving without a license. Let’s take a closer look […]
Read MoreI Only Had One Or Two Beers Is Usually the Wrong Answer. You invariably tell the arresting officer that you had “one or two beers” when asked. This is a mistake for two reasons. First, if you are pulled over you are under no obligation to assist the police officer in building a case against […]
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 MoreBrenner and the DMV DUI Hearing 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 […]
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 MoreI have been saying this for years, as has anyone who works in the system. Now the NY Times has written an expose on the intrinsic problems, software and hardware, with breath testing machines. The full article is here. The study was done in conjunction with the FX show The Weekly and was broadcast 11/3 […]
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 MoreIn the case of In Re Jeremiah S. the First District of the California Appellate Court held that the police can’t just frisk you because they suspect you of committing robbery. The cops received a radio call that a woman had her purse and cell phone stolen. The radio call identified the suspects as young […]
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 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 […]
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