DUI Blogger

"Driving under the influence of illegal drugs is dangerous and cannot be tolerated. Creating a zero tolerance drugged driving policy will equip law enforcement with the tools needed to keep our communities and roads safe.”

This above quote comes from California State Senator Lou Correa. Mr. Correa is a representative of California Senate District 34, which covers the Orange County cities of Anaheim, Buena Park, Fullerton, Garden Grove, Santa Ana, Stanton and Westminster.

Continue reading "Stoned Politics? Senator Correa's SB 289 Zero Tolerance Drugged DUI Law" »

One of the worst fears in the criminal justice system is that a person would be wrongly put to death.

Consequently there are a series of safety checks on capital punishment in California.

One is that in a capital case, the jury must be the one to decide whether the defendant receives the death penalty or life in prison without parole.

Second, the trial judge retains the power to overrule a jury’s decision for death and reduce the sentence to life without parole.

Continue reading "Safety Checks on Capital Punishment" »

On one hand, criminal defendants bear no affirmative duty to come forward with evidence that would incriminate themselves. It’s the job of cops and prosecutors to find that stuff.

But purposely destroying that evidence is another story. Penal Code 135 - California’s law against destroying evidence - makes it a crime to do so if you know the evidence is the subject of an investigation or legal proceeding. Penal Code 135 is a misdemeanor carrying up to six months of county jail.

Continue reading "Destroying Evidence Can Land You in Hot Water" »

We all know that it is perjury to give false testimony under oath, a serious crime. What some people don’t realize is that it’s also a crime to present any fictitious evidence in a legal proceeding.

Stated in California Penal Code 132, the crime of offering false evidence makes it illegal to present any false written evidence - if your purpose is to deceive the court into believing it to be true.

In the DUI context, this might include someone submitting false receipts for alcohol - trying to make the court believe you drank less than you really did. Or it could include phony or doctored medical records suggesting you have a health condition that affected your ability to perform the field sobriety tests.

Continue reading "Offering False Evidence is a Bad Idea" »

The July 4th holiday is a time for many to barbeque, light fireworks, and to spend time with their family and friends. However, the July 4th holiday tends to be one of the heaviest days of the year for DUI arrests.

As a result the Los Angeles Police Department (LAPD) will be ramping up DUI sobriety checkpoints and DUI saturation patrols for the July 4th holiday period.

Here are the latest Los Angeles DUI sobriety checkpoints that are scheduled for this week and into the weekend. For more information, you can contact the local law enforcement agency a couple of hours before the reported time to learn the exact locations of some of the more general posts.

Wednesday 7/4
The LAPD will conduct a saturation patrol from noon to 8 p.m. in the Harbor patrol area.

The California Highway Patrol (CHP) will also conduct saturation patrols in the South Los Angeles patrol area, Baldwin Park patrol area, and the Alta Dena patrol area.

Thursday 7/5
The Los Angeles County Sheriff's Department (LASD) will conduct a DUI sobriety checkpoint in Norwalk patrol area.

From 7 p.m. July 5 to 3 a.m. July 6, the LAPD will conduct a DUI sobriety checkpoint in the Olympic patrol area at Vermont Ave. and Sixth St.

Friday 7/6
From 7 p.m. July 6 to 3 a.m. July 7, the LAPD will conduct a DUI sobriety checkpoint in the Southeast patrol area at Rosecrans Ave. and Menlo Ave.

From 7 p.m. July 6 to 3 a.m. July 7, sobriety checkpoints will be operated in the Pacific patrol area at Lincoln Boulevard and Maxella Avenue.

Saturday 7/7
LAPD will operate sobriety checkpoints from 7 p.m. July 7 to 3 a.m. July 8 in the Foothill patrol area at Laurel Canyon Boulevard and Paxton Street.

LAPD will operate sobriety checkpoints from 7 p.m. July 7 to 3 a.m. July 8 in the Mission patrol area, at Roscoe Boulevard and Noble Avenue.

Sunday 7/8
A DUI saturation patrol will be conducted by LAPD from noon to 8 p.m. in the Rampart patrol area.

If you are charged with a Hit and Run under California Vehicle Code 20002(a), one of the options you should think about having your lawyer pursue is what is known as a "Civil Compromise". A civil compromise allows the parties to agree to dismissal upon monetary compensation for reasonable damages. It is one of the rare situations in which an alleged victim can "drop the charges" against an accused.

I recently employed this strategy in a recent Hit and Run Case out of the West Covina Courthouse. My client had already compensated the other party for her damages. I contacted her and explained the civil compromise arrangement - now that she had been compensated, I asked if she would be willing to dismiss the charges against my client. She was reluctant to do so and wanted to think about it. I informed her that was ok and she could call me back when she had an answer.

I didn't hear from her for a couple of weeks and decided to follow up. I received no call or email in return. At this point I did not want to continue to ask her because I didn't want to seem like I was harassing her. I realized she did not want to cooperate and agree to a dismissal, but I had to think of another way to get this misdemeanor dismissed for my client - Hit and Run is 2 points with the DMV and he needed to avoid those extra points because he drove a lot as part of his job.

My next strategy was to approach the District Attorney with my client's witness statements as well as proof that the alleged victim had been fully compensated and we had attempted to do a civil compromise with her. After some negotiation, he agreed to dismiss the Hit and Run charge against my client and have him plead to an infraction with no DMV points and a small fine. My client was very happy and this definitely suited his situation.

Civil Compromises aren't just available in Vehicle Code 20002(a) Hit and Run Cases, but they are also available in other types of cases such as vandalism and even embezzlement. Even though I was unable to get a straight dismissal for my client, I did not give up and pursued another course of action that still resulted in a dismissal of the misdemeanor.

If you are convicted of any DUI-related offense in California a judge can order you to install an Interlock Ignition Device (IID) onto your vehicle. IID’s are essentially mini-breathalyzer instruments installed onto your vehicle that prevent your vehicle from operating unless they are given an alcohol-free¬ breath sample.

As of July 2010, every individual convicted of a DUI offense in Los Angeles County is required to install an IID device to their vehicle for a minimum of five months to a maximum of three years.

However, there are certain exceptions to the blanket IID requirement for a DUI conviction in Los Angeles County.

The California State Legislature considers the following valid grounds for granting an exception to the IID requirement:

• Defendant is an out of state resident and installing an IID would cause undue hardship on the defendant or his or her family;


• At the time of sentencing, the defendant lives 50 miles or more from the nearest interlock service facility and installing an IID would create an undue hardship on defendant or his or her family;


• Defendant is sole proprietor of a business that requires two or more vehicles be registered in defendant’s name, in which case an IID need only be installed on one of the vehicles;


• Defendant provides proof that the vehicle registered in defendant’s name is inoperable and defendant is unable to transfer title of the vehicle;


• Defendant is required to operate an employer-owned vehicle in the course and scope of his or her employment and thus may operate the vehicle without the installation of an IID. (For example: A UPS delivery truck driver would not be required to install an IID device on the UPS owned delivery truck); and/or


• The Court determines that the hardship imposed by the installation of the device will far outweigh the likelihood that the defendant will drink and drive again while on court-ordered probation.

While these exceptions do exist, judges are extremely hesitant in relieving those convicted of DUI related offense from the IID requirement. Thus, it is important to consult with an experienced DUI attorney to help you determine whether you qualify under one of the specified exceptions.

When people get arrested for drunk driving, usually their most immediate and pressing question is whether they will have to do jail time for a California DUI. That is, additional jail time beyond the night they spend in jail upon getting arrested.

The answer is usually no. California law imposes no mandatory jail time for a simple first-time DUI. By this we mean a situation where there are no injuries, no refusal to take a blood or breath test, no young children in the car, and no prior DUI convictions.

That said, although California law doesn’t impose jail time for a simple first DUI, some county district attorney officers seek jail time nonetheless. Ventura County courts, for example, routinely impose 2 days jail or 5 days work release on every first time DUI. Riverside County courts impose 6 to 10 days jail.

Most counties don’t doll out jail on first time DUI cases, however. Los Angeles county generally doesn’t impose jail time unless, again, there are aggravating circumstances such as those listed above.

The consequences of a DUI conviction are no picnic, to be sure. But luckily most people get a pass on jail time. But just one pass. If they pick up another DUI, some jail time becomes almost certain.

A new DUI bill being, introduced by Assembly woman Norma Torres, D-Chino, could bring harsh consequences to marijuana users in California. The bill would criminalize driving with any amount of marijuana in one’s blood or urine.

The controversy around this bill centers around the fact that marijuana compounds can remain detectable in one’s body for up to 30 days from the last use of the substance. This is unlike alcohol, which leaves one’s system at a relatively quick rate.

Supporters of the bill claim it will deter those from driving under the influence of any drug or alcohol.

The use of medicinal marijuana is legal in California. Opponents of the bill state that the bill is discriminatory against marijuana users. A person could theoretically be charged with driving under the influence for the use of marijuana 30 days prior to being stopped for driving under the influence.

Opponents of the bill also claim it would unfairly lower the burden of proof needed to obtain a DUI conviction. The bill would place more emphasis on the blood and urine test results and less emphasis on the demonstrable impairment of the driver.

One thing is for certain; if this bill passes a dramatic increase in DUI arrests in California should be expected.

One of the most common questions DUI clients ask me is, “What if they didn’t read me my rights?” This question is generally posed in a way that clearly suggests that the client believes he or she has their smoking gun to get out of the problem they have recently got themselves into.

There is no question that at the time the question is posed there is a misunderstanding on the part of the client about what “reading their rights” means. In fact in every occasion where I have questioned the client as to what the rights were, they parroted these rights exactly as they heard them on their favorite television police or detective show always starting off with: “you have the right to remain silent . . . . .”

Interestingly enough, it’s the right to remain silent people don’t understand and fail to invoke.

It seems to me that people, knowing they have a right to remain silent, will lie rather than remain silent. Lying and remaining silent are 2 completely different things with 2 completely different effects on a case.

A lie takes away from the client’s credibility as well as proposes to a jury that the fact the client lied could suggest the client had some knowledge of his or her guilt. In fact if it is established through trial that a defendant may have lied then the jury is given a jury instruction that they could consider that to be because the defendant had knowledge of his guilt.

Whereas, remaining silent is just that. In fact a jury can’t ever be informed by any means that a defendant chose to remain silent or invoked his rights under the 5th amendment to the constitution to remain silent. It is required to be a void in the line of information allowed to be given to a jury.

So it is important to not only be able to say the Miranda Rights like they do in the television shows, but, more importantly, to understand those rights, especially the right to remain silent.

First don’t be afraid to invoke the right. Cooperating with the police when you are the target of an investigation does not mean you have to speak to them. Call your attorney first or let the police know you “won’t answer any statements without an attorney present.”

Second, recognize WHEN you need to invoke these rights. For instance, if you are stopped by police and the officer tells you he stopped you for speeding, a question regarding alcohol is a sign to remain silent.

If you are asked to perform ANY type of physical field sobriety test after you are stopped for speeding, then you respectfully refuse to do that. That includes following an officer’s finger!

If you are asked to blow into a hand-held breathalyzer test prior to being place under arrest, then you respectfully refuse that to. It may be a good idea at that time to request to take a blood or breath test IF YOU ARE BEING PLACED UNDER ARREST FOR DUI.

Lastly, be respectful while still staying strong. There is no reason to be rude to a police officer. In fact, it can prove to be a very bad idea. But don’t give in. Remain silent. Refuse those things you are legally allowed to refuse. Invoke your rights. There are more than just parroted words.

Former Adult film Star Jenna Jameson was arrested early Friday morning under suspicion of California driving under the influence (DUI). Police were called to the scene in Westminster, California after Jameson reportedly crashed her Range Rover SUV into a light post. Jameson suffered minor injuries, but refused medical treatment.

Police officers reportedly administered DUI field sobriety tests (FST's), where she allegedly shown signs of intoxication. Jameson was subsequently taken into custody. Jameson, who is primarily known for her work in adult films, was cited and released Friday morning. No breath or blood test results have been released.

It is not clear what FST’s Jameson performed, but FST’s are administered by police to help build their case against the person under investigation of DUI. FST’s are commonly very flawed and unreliable indicators of actual intoxication. A variety of factors including (but not limited to):

• poor lighting;


• inclement weather;


• unstable footwear;


• distraction of traffic, lights, or spectators; and/or


• uneven surface conditions

can cause an otherwise sober person to perform poorly on FST’s. While all the circumstances surrounding Jameson’s DUI arrest are not clear, an arrest following the administration of FST’s is far from an indication of guilt. Thus it is important to consult with an experienced DUI attorney if you are arrested for DUI based on failing FST’s.

For many, Cinco de Mayo is a time to gather with coworkers, friends, and family for margaritas and to celebrate an important cultural holiday.

However, law enforcement agencies are beefing up DUI saturation patrols and California DUI sobriety checkpoints to stop, test, and arrest drivers they suspect of being under the influence.

Here are the latest Los Angeles DUI sobriety checkpoints that are scheduled for this weekend. For more information, you can contact the local law enforcement agency a couple of hours before the reported time to learn the exact locations of some of the more general posts.

Thursday 5/3
The Los Angeles Police Department will conduct saturation patrols in Van Nuys from 6pm Thursday night to 2am Friday morning.

Friday 5/4/12
Sobriety checkpoints will be operated at the intersections of Vermont and Sixth Street and at Hollywood Blvd. and Gower St. from 7 pm Friday to 3am Saturday.

Saturday 5/5/12
LAPD will operate sobriety checkpoints at the intersections of Cahuenga Blvd. and Northlawn Drive in North Hollywood from 7pm Saturday to 3am Sunday.

The California State University, Northridge Police Department will conduct a sobriety checkpoint beginning at 9pm Saturday to 3am Sunday at an intersection near the CSUN campus.

Sunday 5/6/12
DUI saturation patrol will be conducted in 77th Street area from 12pm to 8pm.

Sobriety checkpoints will be operated at the intersection of Imperial Highway and Main Street in Southwest area from 7pm Sunday to 3am Monday.