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Recent Blog Posts
Teens DUI Wealth Defense Elicits Controversy
A DUI verdict that was delivered in a small juvenile court has reverberated across the country. A judge in a Fort Worth Juvenile Court recently sentenced a 16-year-old boy to 10 years of probation after he confessed to charges arising out of a fatal drunk driving accident that occurred on a rural road. Four people were killed in the accident, and at the time of the crash, the teenager tested positive for a blood alcohol concentration level that was at least three times the legal limit of .08.
His defense lawyers brought to the stand a psychologist who testified in his defense that he suffered from a condition called affluenza. According to the psychologist, this was a syndrome that prevented children like this teenage boy, from learning that bad behavior can have serious consequences. As a result of the syndrome, the boy failed to realize that bad behavior and breaking the rules can have serious consequences, and hence, his poor judgment in driving under the influence of alcohol. The psychologist also brought attention to the fact that the boys parents had failed to punish him for equally poor behavior in the past.
OC Crime Lab Admits More Errors in DUI Lab Testing
Earlier this year, officials found mistakes in testing at the Orange County Crime Lab that put the results of hundreds of DUI alcohol tests in jeopardy. Now comes news that even more errors have been discovered at the same lab.
The announcement of the earlier errors was made after officials found mistakes in testing that likely produced incorrect lab test results. Those incorrect results are believed to have occurred over at least 5 months. Several persons, who submitted samples for alcohol testing, and whose test results were affected by the error, have already been contacted by the district attorney's office. Prosecutors have also contacted people who were convicted for driving under the influence or pleaded guilty to DUI, as a result of those botched DUI tests. Not surprisingly, these people are extremely upset about the fact that errors in testing, resulted in convictions for them.
The new error is believed to have been discovered during an audit of the lab's operations after the earlier errors were discovered. Under crime lab procedure, a blood test sample is tested twice using two different machines. The average reading is then taken. However, this error is believed to have occurred when the lab calibrated one of the machines, and failed to input the appropriate data in the software. That meant that the results were skewed by as much as .003 percentage points.
Manufacturers Eye Pot Breathalyzers in Anticipation of Legalization
Public opinion in support of legalization has grown stronger in California, and a recent poll by Gallup estimated that as many as 50% of Americans are in favor of the legalization of pot. Soon, California could legalize marijuana, and companies are already experimenting with so-called pot breathalyzers that would help determine the amount of marijuana in a person’s system.
Obviously, before we have a breathalyzer on the market, it is first necessary to determine the maximum legally permissible marijuana level, similar to the permissible blood alcohol standard that we currently have to determine the incidence of DUI in California. Besides, according to experts, any kind of breathalyzer that is designed to help determine the presence of marijuana in the system is not likely to work like an alcohol breathalyzer, simply because there are several modes of consumption of marijuana. The different modes of consumption could lead to different quantities of marijuana showing up in a person’s system.
Increase in DUI Checkpoints in Martinez
If you are driving in the Martinez area over the next few weeks, expect more numbers of DUI checkpoints. The increase in checkpoints is part of a special targeted effort to increase enforcement action by the Martinez Police Department.
According to the Police Department, the increased DUI enforcement is part of a new campaign that is being funded by a traffic safety grant. The grant, which amounts to approximately $21,515, comes from the California Office of Traffic Safety. The money will be used to specifically to enforce DUI laws, and reduce the numbers of drunk drivers on our streets.
As part of the increased DUI enforcement action, residents of Martinez can now expect to come across more numbers of DUI checkpoints. The grant will be used in efforts to reduce the numbers of people being killed and alcohol-related accidents across markets. It will be used not just to increase enforcement action against DUI offenders, but also to implement awareness campaigns that educate people about the dangers of driving under the influence of alcohol. The campaign will also include specially trained DUI officers.
Failure to Stop after DUI Results in Additional Charges
When police officers are trying to pull you over on suspicion of driving under the infant of alcohol, it is typically better to comply. Failure to do so may result in additional charges being filed against you.
A man in Cleveland who was driving under the influence of alcohol, refused to stop his car, even during a police chase. The police were alerted to the man's DUI, when a pedestrian called in to report an SUV driving at excessive speeds that nearly struck him. However, when the police responded to the scene, they found the SUV backing out of a McDonald's drive through. They began to give chase, but the man continued to drive on.
When the SUV finally came to a stop, the driver admitted that he continued driving because he wanted to finish his Big Mac!
He apologized to police, and gave in to a blood-alcohol test. He registered a .255, which is almost 3 times the legal limit of .08%. He admitted to drinking approximately 10 to 15 beers before driving the car. Needless to say, he is in significant legal trouble.
Heavy Costs of a Teen DUI
The percentage of American teenagers, who admit to driving under the influence of alcohol, has dropped by more than 50% since 1991. However, every year, thousands of California teenagers are arrested for driving under the influence of alcohol, resulting in long-term financial as well as other consequences.
Your underage child can be arrested for driving under the influence of alcohol, even if he has a blood-alcohol concentration level of just .01%. That is because California’s zero tolerance laws allow persons to be arrested for driving impaired even if they have had just a few alcohol beverages, that measure at a .01% BAC.
If you are below the age of 21, you're not allowed to possess alcohol, or have a container of alcohol that is unsealed or opened in your car. If you are found with alcohol in your car, you can be sentenced to fines of up to $1,000, and could lose your license for up to one year. Your vehicle can also be impounded for a period of 30 days.
Potential for Underage DUI during Summer
According to a study that was conducted recently by Caron Treatment Centers, summertime is when many college students and underage drinkers are more likely to indulge in inappropriate drinking that results in a DUI arrest.
During summer, every night is a holiday night, and therefore, an opportunity to drink for underage drinkers. A recent study by the Caron Treatments Centers outlines exactly how dangerous the issue of underage DUI in this country, and how little adults are aware of it.
As many as 41% of the adults in the study between the age of 18 and 40 believe that it is best for teenagers to learn to drink responsibly in high school, than wait until they reach the legal age of 21 years. As many as 31% of the teenagers in the study said that their parents accepted underage drinking, including allowing them to drink at home, allowing parties where alcohol was served, and even more dangerous, allowing them to drive after drinking.
NFL in Negotiations to Impose Stricter Penalties for Player DUI
There is no denying the fact that the National Football League has had a tremendous PR problem because of these frequent DUI arrests involving its players. The League has dealt with an avalanche of bad publicity over the past few years, with a number of athletes, both past and present, showing long-term signs of debilitation and disability due to frequent concussions while playing pro football. Now the National Football League is also in the uncomfortable position of having to defend many of its star players because of their bad behavior behind the wheel.
Some of that behavior has resulted in fatal accidents. For instance, last year, a fatal accident involving former Dallas Cowboys defensive tackle Josh Brent killed one of his teammates. The National Football League wants to target players like Brent, who are involved in serious DUI related accidents. Brent currently faces an intoxication manslaughter charge, and has retired from football.
In 2013, 10 NFL players were booked on DUI -related charges. In 2012, 17 NFL players were arrested on the same charges, including Brent. The League wants players convicted of driving under the influence of alcohol and causing fatal accidents to receive mandatory suspensions from the sport.
Jacoby Ford will not be charged after March 14 DUI arrest in Oakland
News reports frequently print stories about arrests of people accused of driving under the influence in California. The media accounts often relay police suspicions that led to a traffic stop, field sobriety tests and other common allegations found in police accounts--the media serves a role in publishing important information.
A California DUI suspect is often hauled down to the jail for processing in the media accounts, and frequently the court of public opinion kicks in after a story is published.
Our system of justice includes checks and balances to protect constitutional rights, including due process concepts such as the presumption of innocence. Criminal defense lawyers act to challenge the government to help protect statutory and constitutional rights--protecting the integrity of the justice system. Criminal charges are properly dealt with in a court of law, rather than in the court of public opinion.
A recent story out of Oakland, California highlights how an initial DUI arrest is not evidence of guilt.
Fresno panel says using iPhone map app in car violates the law
A three judge panel in Fresno County has ruled that the use of the map app on an iPhone is prohibited under California's traffic laws. A 58-year-old man who works at Fresno State University says that he was caught in traffic in early January 2012.
While stuck in bumper to bumper traffic on California 41 in Fresno, he says that he checked his map. But the map was not a paper map, but a map app on his iPhone. A California Highway Patrol motorcycle officer was right there, and pulled the driver over to issue a ticket for unlawful use of a cellphone in a motor vehicle.
The man challenged the traffic ticket in superior court arguing that he was not talking on the hand held cellphone, and further arguing that he was not texting while driving. He reportedly brought a paper map into court to show that use of a paper map is more cumbersome than the smartphone app that he allegedly had been using.
The man represented himself (he says that he had attended law school but is not a lawyer). He argued in superior court that the law was being applied unfairly to the use of a map app on a smartphone. The judge disagreed, and the man appealed the decision to the appellate panel of the Fresno Superior Court, according to an op-ed piece in the Los Angeles Times.
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