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DUI Defense: Forced Blood Draws in California DUI Cases
CALIFORNA DUI: PEOPLE V. FISCALINI FORCED BLOOD DRAW CASE To defend a DUI case in Los Angeles, a DUI defense attorney will often use a “search and seizure” motion to get a dismissal. A Judge can dismiss a case if the DUI police do something improper, such as pull over a person suspected of a DUI without a reason or take blood to analyze for alcohol without permission. Because sometimes blood tests done by police in DUI cases are illegal, dismissing your DUI can be possible. Here we discuss 1 case that is based on a consensual blood draw and was used to prosecute a DUI in California. A very important court case is the forced blood draw case of […]
Changes to DUI laws in California
Many Los Angeles DUI defense attorneys are expecting that the DUI law in California will change to be harsher on the drivers. The most likely changes, if they are to come, would be some combination of the following: (1) making DUI crimes priorable for longer than the current 10 years priorability. (2) making some level of THC in blood be a “per se” DUI – such as the case with alcohol where a .08% BAC is a DUI regardless of the level of intoxication. (3) reducing the level of alcohol at which a driver is in violation of DUI laws lower than the current 0.08 percent. This possibility is based on many prosecutorial experts believing that most people’s attention and […]
Out-of-State Drivers and California DUI Convictions.
In California, the driver’s license of a person convicted of a DUI will be suspended by the DMV. But what happens when a driver without a California driver’s license gets arrested for a DUI in Los Angeles or anywhere else in California for that matter? When arrested for a DUI, the DMV will assign an “X” number to the out-of-state driver arrested for DUI. DMV assigned “X” numbers it to track drivers who do not have California driver’s licenses or ID cards. If a driver gets a conviction for a DUI in Los Angeles, the DMV will match the record of conviction to the “X” number and place a hold on the driving record, as if the driver’s license is […]
Can A Driver be pulled over for looking worried and then arrested for a DUI in Los Angeles?
It is no fun to be followed by a police officer who suspects that you are driving under the influence of alcohol or drugs. Once the officer have that suspicion, he will look for patterns of driving that are consistent with the driver being intoxicated. In short, he will look for a reason to stop the car so that he can smell “odor of alcoholic beverage”, observe “bloodshot watery eyes” to confirm his suspicion and to conduct a DUI investigation that can result in your arrest and prosecution for a DUI in Los Angeles. Sometimes, an officer fails to see a vehicle code violation and is left with just a “hunch”. Can an officer initiate a traffic stop when he […]
DUI Arrest At Home
Here Los Angeles DUI attorney discusses how to defending a Los Angeles DUI where the police came and arrested someone at their home. An obvious defense for a DUI case like this is to argue that at the time of driving, there was no impairment. Usually, a police officer has to personally observe a misdemeanor to place a person under arrest without a warrant (Penal Code section 836). In 1997, California created an exception to this rule to allow police not to observe the commission of a misdemeanor to arrest for violations of the California Vehicle Code. (Vehicle Code section 40300.5). That exception flies in face of the Search and Seizure protection of the U.S. Constitution. Now, police can make […]
DUI DEFENSE: Defendant Tells Lawyer That he Is Guilty – Uncharged DUI Priors
DOES LAWYER HAVE TO BE HONEST WITH THE COURT? YES, but even when attorney can’t lie to court, he can not get his client in trouble. What if you tell your lawyer that you are guily of DUI? That is ok, because the government have to prove guilt and not the defendant have to prove innocense. This is how beyond a reasonable doubt works! “Beyond A Reasonable Doubt” is the highest standard of proof in the United States. This standard of proof is highest in the United States Legal System – higher then civil courts or anywhere else. Because you don’t have to prove your innocense, you telling your lawyer that you are guilty only important when you want to […]
Hit and Run offense in Los Angeles and your Driver’s License
Here I explain what effect a hit-and-run can have on your driver’s license. Often a Hit and Run in Los Angeles can cause the DMV to suspend your driver’s license. An important factor in Hit and Run in Los Angeles Prosecution is the injury. Los Angeles DA office will take a hit-and-run with injury a lot more seriously than a property damage Hit-And-Run in Los Angeles. With a non-injury hit and run (commonly charged as a violation of Vehicle Code Section 20002), the suspension is not mandatory. If you are convicted of a Hit and Run in Los Angeles, the clerk of the court will transmit the conviction electronically to the DMV. Once the conviction shows up in the DMV […]
Driving with 0.01 percent blood alcohol content or higher in blood while on DUI Probation
This post applies to offenses in Los Angeles County (as well as other AB 91 counties, to wit, Contra Costa, Alameda, Tulare). As often the case, a person placed on a DUI probation is ordered not to have any measurable amount of alcohol in his blood while driving. Having even a 0.01 percent of alcohol in one’s blood can potentially create two problems. First, it is a ground for a probation violation where the court can impose any jail time up to the maximum for the substantive case. Secondly, if the citing officer notifies the DMV, the DMV can suspend driver’s license under administrative 0.01 procedure. The consequences for a 0.01% administrative finding is one year of license suspension without […]
Introduction of the 3rd digit of Chemical Tests Results in DUI Prosecution in Los Angeles (and elsewhere)
Often the chemical test blood alcohol level results in the police reports are reported to the third digit (e.g. instead of reporting the results to be 0.08%, it is reported as 0.089%). This can be significant because of our tendency to round off the results to the next closest digit. In other words, when the third digit is more than .05, the jurors, upon hearing it, will have a more difficult time accepting a non-guilty argument than they would, had the results been less than .05. It, therefore, does not benefit the defendants to have the results to be read to the third digit in a Driving Under the Influence trial in Los Angeles. There are two conflicting authorities discussing […]
Los Angeles DUI Defense: Non-Testifying Witness
During a Los Angeles DUI trial, usually, the testimony must be live. This means that since the DA has the burden of proving a case, witnesses must come in person to testify regarding all elements of a crime. There is an exception for live testimony of witnesses at the preliminary hearings. A preliminary hearing is a probable cause hearing (see California Penal Code section 866(b)) during which the magistrate has to determine if a “probable cause” exists to have a trial. Unlike a trial, at the preliminary hearing, the defense does not have a right to present defense unless it gives the judge an “offer of proof”. However, unlike a trial, at a preliminary hearing, such as a felony DUI […]