Tag: criminal trials

Brenner and the DMV DUI Hearing. How to fight a DUI!

Brenner 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 […]

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Breath Tests Are Inaccurate.

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 […]

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Fermentation in CA DUI Blood Test Samples:

Problems 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 […]

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DUI Interview With Mark Rosenfeld

DUI 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 […]

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DUI Blood test or Breathalyzer in CA? Which Should I Take?

Blood 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 […]

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DUI: The “D” Stands for Driving

The 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 […]

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Court Rules Possession of Marijuana Not Probable Cause to Search Car

In 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 […]

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Court Fees after Conviction Have To Be Based On Ability To Pay

If 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 […]

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But Officer I Only Had One Or Two Beers

I 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 […]

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Pitchess Motion: Fight if the Police Lied

Pitchess Motion: What to Do If the Police Lied On Your Arrest Report or in Court You can fight if a Cop lied on your arrest report in your case or in court! There is a process called a Pitchess Motion wherein in a Defendant about whom the police lied, in an arrest report, criminal report or […]

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