AT 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 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 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 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 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 MoreWhat 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 MoreIn the recently decided case of People v. Lee, the Appellate Court of San Diego County ruled that possession by a driver of a legal amount of marijuana doesn’t give the police the right to search the car for evidence of other crimes. Mr. Lee was pulled over when the cops noticed that his car […]
Read MoreIf you are convicted after a trial or plead guilty to a crime, in addition whatever other punishments are imposed the trial court has to impose certain fees. It is not a probation violation not to pay these fees. However, if they aren’t paid at the end of probation then a civil judgment is entered […]
Read MoreNBC News recently reported that CHP officers make game of stealing racy photos. CHP Officer Harrington of the Dublin area CHP was arrested recently for stealing photos from the cell phones of women he arrested. He would search an arrestee’s phone and then text the pictures to his friends – also members of the California Highway […]
Read MoreNo. You cannot drop Domestic Violence charges once you’ve made a verbal or written complaint. The reason lies in the nature of criminal cases in that, unlike civil cases, it’s simply not your case. Your part is solely as a witness. The criminal case belongs to the prosecutor and only s/he can drop charges. And […]
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