DUI & Drunk Driving
FIELD SOBRIETY TESTS – DO I HAVE TO TAKE THEM?
The short answer to this question is, as a general rule - NO!! If you have been pulled over or contacted by police officers that suspect that you have been driving under the influence of alcohol or drugs, you are, with one possible exception, under no legal obligation to submit to so-called "Field Sobriety Tests." One big exception is if you have been previously convicted of a DUI and the…
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DUI in California Based on “Unsafe Turning Movement”
Police Officers can legally pull a person over for just about any violation of the California Vehicle Code as an excuse to investigate whether the driver of the vehicle is under the influence of alcohol or drugs. However, one of the more common violations officers cite as the probable cause to pull vehicles over to investigate DUI's is Vehicle Code Section 22107, more commonly known as "unsafe turning movement". This…
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DUI
Driving Under the Influence (DUI) is a serious offense, which can carry harsh penalties including heavy fines, license suspension, and even jail time. The severity of DUI laws varies from state-to-state; however, most states enforce DUI laws rigorously. If you have been arrested on charges of DUI, you may wish to speak with an experienced attorney at Wallin & Klarich who can help you understand your rights. Blood Alcohol Concentration…
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CHP GETS FEDERAL GRANT TO CRACKDOWN ON DUI DRIVERS WITH ARREST WARRANTS
A recent press release from the California Highway Patrol announced that the agency has received a federal grant to arrest DUI drivers with outstanding warrants for failure to appear in court on DUI charges, or failure to pay fines or show proof of completion of other requirements imposed by the court after a DUI conviction. The CHP press release described how every year individuals are arrested for DUI and enter…
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MOUTH ALCOHOL SENSORS IN BREATH TESTS DETERMINED TO BE UNRELIABLE
BREATH MACHINES USED BY LAW ENFORCEMENT OFFICERS TO DETERMINE A DRIVER'S BLOOD ALCOHOL CONTENT HAVE A SLOPE DETECTOR TO DETERMINE IF MOUTH ALCOHOL IS PRESENT DURING THE SAMPLE. TITLE 17 OF THE CALIFORNIA CODE OR REGULATIONS REQUIRES OFFICERS TO PERSONALLY OBSERVE AN INDIVIDUAL FOR AT LEAST 15 MINUTES BEFORE ADMINISTERING THE BREATH TEST TO MAKE SURE THEY DO NOT REGURGITATE, VOMIT, OR BURP TO AVOID THE MOUTH ALCOHOL READING. THE…
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People v. Merlen, CA 3rd district, Case No. C051678, unpublished opinion has very good material regarding expert testimony re use of ambient and DUI.
Facts: The defendant was involved in a traffic collision and was injured in the collision. The other party involved in the collision was killed and defendant was charged with gross vehicular manslaughter and convicted at trial. He appealed the conviction on the grounds that the police officer that testified at trial was not qualified to rely on the toxicology report in rendering his opinion that he was under the influence…
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NO MORE AUTOMATIC EXPUNGEMENTS FOR DUI AND OTHER DRIVING CASES
Under current law, a person who is convicted of most crimes, and who is placed on probation, and who completes his or her probation successfully, has a right to have his or her conviction dismissed or "expunged" from his or her record. (Pen. Code, § 1203.4, subd. (a).) Under the law, so long as the defendant successfully complies with all terms of probation for the entire period of probation, the…
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Keep out of Jail in Orange County: DUI Court
Whether it is your first DUI or your third, California State law imposes jail. In cases of a second or third misdemeanor DUI's the jail time one potentially faces in Orange County DUI cases is very significant, at times up to a YEAR. A skilled attorney, however, can assist in getting you NO county jail time by working with you, the Court and the Probation Department. There is an option…
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DUI CHARGES DISMISSED FOR DEFENDANT ILLEGALLY STOPPED
Our firm handled a case recently where a defendant was stopped for Driving Under the Influence in a mall parking lot. The officer cited as the reason for initially stopping the defendant the fact that the defendant "rolled" through a stop sign posted in the mall's parking lot – i.e., our client did not come to a full and complete stop at the stop sign. When the client was stopped,…
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WHERE DID YOU HAVE YOUR LAST DRINK?
This is the question that many people arrested for driving under the influence of alcohol are being asked in at least one state, and this law enforcement practice has many bar owners fuming. New Jersey officers have begun regularly asking all DUI arrestees where they had their last drink. The question seems innocuous enough. However, the officers plan to use this information to target establishments that serve alcoholic beverages to…
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