I 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 […]
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 MoreThe Court doesn’t want to be faced with a hung jury. A hung jury is a jury that can’t come to a unanimous decision. The Court will often try to push the jury into reaching a verdict. The Court has to be very careful about how far it can go. People v. Moreno In the […]
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