Yesterday morning at around 6:30 a.m., three people inside the bedroom of their Pasadena home—probably still sleeping although news reports don’t tell us—suddenly found their bedroom decorated with a pickup truck. Fortunately, none of the residents was seriously injured but the structural damage to the home rendered the house…
Orange County DUI Lawyer Blog
DECLARING THAT DRIVERS UNDER THE INFLUENCE PRESENT A DANGER ON THE ROAD
LIES, DAMNED LIES, AND STATISTICS In 1989, declaring that drivers under the influence present a danger on the roads and in an effort to deter and punish driving under the influence, the California Legislature passed a bill that ordered the California DMV to establish and maintain data on driving under…
HARSHER DUI LAWS DON’T NECESSARILY REDUCE DRUNK DRIVING DEATHS
There is no question that a lot of people are killed by drunk drivers. If we took all drunk drivers off the road, there would be around 1,000 people who wouldn’t have died last year alone on California roads according to National Highway Traffic Safety Administration (NHTSA) statistics. While…
NEW IGNITION INTERLOCK DEVICE LAW WILL CHANGE DMV LICENSE SUSPENSION SCHEME.
Last year saw a new law passed that will require most DUI offenders to install an ignition interlock (IID) device on their vehicle, even first-time DUI offenders. The law is scheduled to go into effect in 2019 and it is anticipated that it will decrease the number of drunk…
BLOOD ALCOHOL CONTENT BREATH TESTS-CAN YOU TRUST THEM?
The primary roadside tool used by law enforcement officers in the enforcement of DUI laws is the Preliminary Breath Test (PBT) or Preliminary Alcohol Screening (PAS) breathalyzer device. These small devices can be easily held in one hand. The officer instructs the driver blow into a mouthpiece on the…
A WATSON MURDER CAN BE CHARGED WITHOUT A PRIOR DUI
When a drunk driver kills someone, he or she is usually charged under the vehicular manslaughter laws. But under certain circumstances, the driver can be charged with 2nd degree murder. Known as a “Watson Murder” charge, this crime gets its name from a California Supreme Court case, People v.…
ALCOHOL SERVERS IN CALIFORNIA WILL SOON BE REQUIRED TO OBTAIN A CERTIFICATE
You know all about drinking responsibly, soon we will be hearing about serving responsibly. Perhaps you recall the tragic incident in San Diego two years ago when a drunken U.S. Marine driving his vehicle on the wrong side of the rode hit a car head on in which two…
MASSACHUSETTS SUPREME COURT RULES THAT FST EVIDENCE TO DETERMINE WHETHER A DRIVER IS UNDER THE INFLUENCE OF MARIJUANA IS NOT SCIENTIFICALLY RELIABLE
The use of roadside sobriety tests (Field Sobriety Tests or FSTs) for the detection of marijuana influence in drivers is not supported by current research and studies. The Massachusetts Supreme Court recognized this in a recent decision concerning an officer’s testimony on an alleged marijuana-influenced driver’s FST performance. The…
THE USE OF DRUG RECOGNITION EXPERTS CHALLENGED IN FEDERAL COURT
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…
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…