A couple of weeks ago, a complaint was filed in the United States District Court (for the Northern District of Georgia) alleging that the three complainants were subject to a violation of their Fourth Amendment rights when they were arrested and held in jail cells for hours all because a…
Orange County DUI Lawyer Blog
OFF-DUTY OFFICER POSTS #DONTDRINKANDDRIVE AND THEN DRIVES DRUNK, KILLING THREE PEOPLE
I recently wrote about individuals who work in criminal justice—and who should know better—getting DUIs. Today I read a tragic news story today about an off-duty Los Angeles police officer causing a crash that killed three people; the officer is suspected of driving drunk. The crash happened in Riverside…
ALTERNATIVE DUI COURTS IN CALIFORNIA
DUIs are unfortunately routine in the Orange County courts. Usually the offender is punished with license suspension and probation and required to attend DUI education classes. But DUIs are often a symptom of a deeper problem. Two alternative courts in Orange County attempt to address the root causes of…
CALIFORNIA DUI ARRESTS
EVEN POLICE OFFICERS, DISTRICT ATTORNEYS, AND JUDGES GET ARRESTED FOR DUI How can we explain all the people who should know better getting DUIs? Never mind the average driver, who should know better, what about the cops, the firefighters, the attorneys, even the judges who get DUIs. It happens…
Driving Under The Influence Of Marijuana In California
IF YOU ARE HIGH, DON’T DRIVE Driving under the influence of marijuana is an evolving subject of concern to safety experts and law enforcement. Last week I wrote about the difficulties California and other states are having establishing at what levels marijuana use presents a driving risk and how those…
WITH NO RELIABLE TESTS, DRIVING UNDER THE INFLUENCE OF MARIJUANA IS THE OFFICER’S SUBJECTIVE DETERMINATION
Even though recreational use of marijuana is now legal in California, it is still unlawful to drive its influence. (Vehicle Code §23152(f).) While the “per se” law makes a driver presumptively “under the influence” of alcohol at 0.08% BAC, how does the law define a driver under the influence…
DUI AND DEPRESSION
One of the unanticipated and rarely discussed fallouts after getting a DUI is depression. Many, most often those with a first-time DUI, report signs of depression after getting the DUI, such as deep sadness followed by anger and then sadness again. They often spend a lot of time ruminating…
IS A DUI DRIVER AUTOMATICALLY AT FAULT IN AN ACCIDENT?
Determining who is at fault in a vehicle accident knows is often hard to determine. Other than rear-end collisions or collisions involving the obvious running of a red light or stop sign, fault is often a case of blaming the other guy. What happens if you are legally over…
Driving under the Influence AND Using Your Cell Phone—A Deadly Combination
Driving under the influence is dangerous enough; it affects a driver’s motor skills, reaction times and judgment. But how many drivers out there are under the influence of alcohol or drugs and using their cell phone while they drive? My guess is a lot. Recently an 18-year old Stockton…
LEGALIZED MARIJUANA USE PROMPTING NEED FOR ROADSIDE DRUG RECOGNITION EXPERTS
Now that recreational marijuana is legal in California, law enforcement agencies are racing to train officers in roadside drug recognition. Since pot became legal, the Orange County crime lab has seen a 40 percent increase in requests to process blood samples related to driving under the influence of marijuana…