Posted on March 19,2016 in DUI

By John W. Thornton

Yes, almost certainly. We have all had our issues with DMV, these compound in the aftermath of a DUI arrest. While there are some cases that do not result in DMV hassles, they are rare. What follows is but a few examples of what to expect.

First, let me explain the change in attitude at DMV since the "administrative per se laws" went into effect in 1990. It is best summarized by what can be found on the wall in the room in the Capitola DMV Office where DMV hearings are conducted. When I first began doing DMV hearings, there was a big sign that announced your rights as someone facing license discipline: the right to an attorney, to subpoena witnesses, right to testify, etc. After a few years, this notice was pushed aside and, in its place, was placed a notice regarding what charges you can expect for threatening the hearing officer (DMV judge). Now, there is a list of items for which you can be arrested for bringing into the hearing office (firearms, knives, mace, etc.).

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 Posted on March 19,2016 in DUI

By John W. Thornton

The fact that you were arrested, unless you are under 18, is a public record. Websites such as mugshotsantacruz.com post booking photos, and over the past few years many clients have reported hearing from friends, relatives, and co-workers that their booking photo was online.

Secondly, many attorneys pay services to obtain booking information so that they can direct mail you solicitations (I don't do this). Clients have reported receiving 8-10 letters in the mail from attorneys and insurance companies offering various services. If you don’t personally pick up your mail, whoever does will not need to be terribly intelligent to figure out that you have been in legal trouble. While this practice has been controversial, it happens.

If you drive for employment, your employer might be automatically notified of a DUI arrest through what is known as a "pull notice." A check with DMV, or your employment handbook, could reveal whether you are subject to a pull notice.

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 Posted on February 23,2016 in DUI

You are out for a night of celebrations. You got a big promotion at work and your friends have taken you out for a night on the town to celebrate. After several locations and innumerable drinks later–who knows how many, you had a designated driver–it comes time for everyone to go home. Yet, when you find your driver, he has been drinking all night too. He appears to be worse off than you are. You decide to be the hero and take everyone home yourself.  After a few miles, you see dreaded police lights in your rearview mirror. You are about to get pulled over with a high probability that it is DUI related. What do you do?

During the Traffic Stop

By the time the officer has brought you to a stop, a phone call has already been made to "call in" the stop. This lets the dispatcher know that the officer is busy, a vehicle description, and the reason for the stop. Typically, a cover officer will be dispatched to the scene for the safety and the security of the officer, but also a witness to all events. Although this is not a requirement, more and more police officers are using dash or body cams in their vehicles or on their person today. This can either help or hurt a case, so be aware that one may be recording your every move.

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 Posted on October 29,2015 in DUI

According to new research, people's attitudes towards driving under the influence of alcohol change after they have consumed two or more alcoholic beverages. Even people who normally find it very distasteful to drive under the influence of alcohol find that their attitudes are not so stringent when they are asked about it after having a few drinks.

The researchers measured the difference in attitudes towards DUI among subjects when they were sober, and after they had consumed a certain amount of alcohol. The vast difference in attitudes towards DUI among people when they were sober and when they were in an intoxicated state was very startling to the researchers.

According to the researchers, they did expect that drinking alcohol would soften people's attitudes towards driving under the influence of alcohol, because alcohol does tend to impair judgment abilities. People, who normally would never do anything stupid while sober, end up making surprisingly stupid decisions after a few drinks.

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 Posted on September 25,2015 in DUI

One of the biggest misconceptions when it comes to DUI is the belief that a person with a high alcohol tolerance will not be arrested for DUI. Your alcohol tolerance has actually nothing to do with your potential for a DUI arrest.

Some people have an enhanced tolerance for alcohol. That tolerance comes through years of drinking. Tolerance for alcohol however doesn’t impact your likelihood of being arrested for DUI. One person who has just had a couple of alcohol beverages could be very pleasantly buzzed. Another person, however, may have had a larger quantity of alcohol, and continues to drink because he doesn't feel the intoxicating effects of alcohol. The second person may be at a high risk of being arrested for DUI, because his blood alcohol concentration could have breached the .08% legally permissible level, because of the higher numbers of alcoholic beverages that he has consumed.

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 Posted on July 31,2015 in Criminal Defense

CBS television used to air a drama called Numb3rs. The television series involved a fictional character that was college professor and mathematician named Charlie Eppes. He assisted the FBI in investigating crime. Now the Santa Cruz Police has announced an idea strikingly reminiscent of the TV series. The agency says it will team up with a college professor of mathematics who says he can mathematically predict future crimes.

Santa Clara University assistant professor Dr. George Mohler says that offenders tend to return to places where they have been successful in the past. Taking algorithms developed for predicting aftershocks after an earthquake the mathematician says he can forecast future crimes. He says he used data from several years of California burglary cases to test his theory.

Police say they hope the algorithms in Dr. Mohler's theory will help to predict what KSBW-TV calls "after-crimes" are likely to occur in the future. Dr. Mohler's theory reportedly is derived from data created in sociological and criminological research.

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 Posted on July 07,2015 in DUI

According to reports, Stamos was driving erratically in Los Angeles when he was pulled over by police officers, and arrested for DUI. That arrest also coincided with hospitalization for a medical emergency the same night as his arrest. He was cited for DUI, and released to the hospital. The DUI arrest is only the most recent sign of what seems to be a chronic problem with alcohol. In 2007, Stamos appeared on an Australian TV show, where he appeared clearly under the influence of alcohol, making rude gestures andwalking around the studio set in a daze.

Sometimes, a DUI arrest is only a symptom of what is a much larger problem-alcohol addiction. Understanding whether your DUI is symptomatic of a larger drinking problem can be done through an alcohol evaluation. California does offer such DUI alcohol evaluation programs that can help you determine whether your alcohol intake impacts the rest of your life. These programs can help you reassess your dependency on alcohol, and the extent to which it impacts your ability to drive safely, and other aspects of your life. Bear in mind that people who suffer from alcohol dependency are very likely to believe that no problem exists, and are much more likely to drive while impaired, possibly leading to an arrest.

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 Posted on June 02,2015 in Criminal Defense

Refusal of an alcohol test comes with a string of penalties attached. In fact, this is one of the reasons why attorneys typically do not advise refusing an alcohol test. The law in California specifically requires all motorists to submit to an alcohol test, if they are asked to submit to a chemical test by an officer.

If you refuse to take the chemical test, then you may have a number of penalties that apply to you. One of those penalties is related to the suspension of your driving license. There are a number of different types of penalties involving suspension of the license. For example, if you were above the age of 21 at the time of the arrest, then your refusal could possibly result in a suspension of the license for a year if it was a first offense. If it was a second offense within 10 years after the first offense, then you could lose your license for two years. A third or subsequent offense will result in a revocation of the license for a period of 3 years.

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 Posted on May 02,2015 in Drug Crimes

California lawmakers are considering a proposal that would allow police officers to use a special gadget that would help detect if a person is driving under the influence of drugs.

California lawmakers are considering allowing officers to use a special gadget that would allow them to detect the presence of drugs in a person’s system. The gadget would be similar to a breathalyzer that detects alcohol in a person’s system, but would be based on testing of saliva swabs. A new California bill Assembly Bill 1356, if passed, would allow law enforcement officers in California to use a specially - designed gadget to detect the presence of drugs in a motorist’s system.

The gadget is called the DDS 2 MOBILE TEST SYSTEM, and is a lightweight device that comes with a full color screen. The device is readable in all kinds of visibility conditions, and is capable of storing 10,000 results. Results can be printed out at the end of the testing.

Under the proposal, law-enforcement officers would be allowed to stop motorists, and test saliva samples for drugs in the system. The system is more than 90% accurate, and its designers say the test results are immediately available.

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 Posted on April 17,2015 in DUI

With just a few days left to the Memorial Day weekend, which also kicks off summer season, it's the right time to focus on the need for drivers to be extra cautious about driving during the holiday.

The Memorial Day Holiday sees large numbers of law-enforcement officers on the roads to pull over motorists they suspect of driving under the influence of alcohol. Your chances of being arrested for DUI or being pulled over are much higher during this holiday, as well as the rest of the summer season.

If you plan to celebrate the beginning of summer with friends, make sure that you stay sober. It is not always easy to tell after you have consumed a couple of alcoholic beverages that you are legally able to drive safely. If you have consumed more than a couple of alcoholic beverages, simply avoid driving, and hand over the keys to someone else.

Prevent friends from driving under the influence of alcohol. Make arrangements to get home safely. Designate a driver for the evening. If you're hosting a Memorial Day Bash, make sure that you offer guests plenty of non-alcoholic options, so that guests have a chance to remain sober.

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