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Blog Posts in 2009

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Holiday DUI Arrests

According to media reports, holiday DUI arrests in Los Angeles County were up this year from the same period last year despite the fact that courts are increasingly handing out tougher sentences for ...
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Diabetes and DUI Defense

Breath and blood alcohol analysis in DUI proceedings is based on various assumptions including an assumption that the defendant is an average person with an average physiology. Likewise, when a police ...
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Tough DUI Penalties in Harbor Justice Center

Defending DUI charges is difficult at the best of times, but can be very frustrating when options narrow and you are dealing with a District Attorneys Office in Orange County that is very inflexible ...
Continue reading "Tough DUI Penalties in Harbor Justice Center" »

Point of Arrest Breath Tests in Orange County

DUI defense attorneys in Los Angeles County generally advise their clients that they may legally refuse to submit to a pre-arrest breath test or preliminary alcohol screening device. This is generally ...
Continue reading "Point of Arrest Breath Tests in Orange County" »

Beverly Hills DUI

I was in Beverly Hills Court last week for a client charged with a first time DUI with borderline evidence and a breath alcohol level of .09%. my client did not want to go to trial and just wanted to ...
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Tweeting ends work furlough for fatal drunk driving accident.

According to a report in the Los Angeles Times today, "Pulp Fiction" Screenwriter Roger Avary will probably serve the rest of his sentence behind bars as a result of tweeting while subject to a work ...
Continue reading "Tweeting ends work furlough for fatal drunk driving accident." »

Home Arrest or Electronic Home Confinement

Many defendants arrested for DUI in Los Angeles or Orange County face the prospect of serving a lengthy county jail sentence. County jail is always a consideration for defendants with prior DUI ...
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Preliminary Alcohol Screening Device/PAS Test.

Prior to an arrest for DUI, a suspect may be "offered" a preliminary alcohol screening device test, or PAS test. This is a breath test performed on a portable, hand held device. It is intended to be a ...
Continue reading "Preliminary Alcohol Screening Device/PAS Test." »

DUI Auto Accidents.

The majority of DUI arrests do not arise out of an auto accident, but when an auto accident leads to an arrest for DUI, a number of additional issues arise. The first and most pressing issue is ...
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Pilots and DUI

According to an article in the latest issue of the Federal Air Surgeon's Medical Bulletin, the FAA has tightened up its rules relating to pilots convicted of a first time DUI. In the past, pilots ...
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Do I need an SR22?

An SR22 is a form sent to the DMV head office in Sacramento by your insurance company. The form acts as proof of insurance. It is required in the event of a suspension as a result of a DUI conviction, ...
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Caller's Tips and DUI Stops

There have been a number of public campaigns by police agencies in California encouraging people to report drunk drivers. On tuesday this week, the Supreme Court let stand a decision in a Virginia ...
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DUI Refusal Case Dismissed

Sometimes it pays to refuse to submit to a chemical test. My DUI case in West Covina Court this morning was dismissed by the prosecutor based on a lack of evidence of impairment. Ofcourse, the law in ...
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Out of State License

I have been consulted by a number of clients recently who have been arrested for a DUI while driving on an out of state license. Some have misunderstood their obligations in relation to the DMV in ...
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Preliminary Breath Test Devices

It is common for a DUI suspect to be asked to blow into a portable, hand held breath machine before they are arrested for a DUI. The police should advise a suspect that this device is not mandatory ...
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Felony DUI

I spent most of last weekend dealing with the immediate rammifacations of a client being arrested for a felony DUI in Los Angeles following a serious traffic accident leading to injury to her ...
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DUI in Metropolitan Court

Yesterday I posted a blog complaining about the lack of discretion given to young deputy district attorneys in Los Angeles , when dealing with DUI cases. The situation is entirely different in ...
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DUI Cases in Beverly Hills

One of the most frustrating aspects of being a DUI lawyer in Los Angeles is that the Los Angeles District Attorneys Office often put young inexperienced prosecutors in control of misdemeanor drunk ...
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DMV Appeals

In order to try and avoid a suspension of driving privileges following a DUI arrest , it is necessary to contact the Driver Safety Office of the DMV within ten days to request a DMV Hearing. The ...
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DUI with Injury

California Vehicle Code section 23153 provides prohibition and punishment for misdemeanor and felony cases of drunk driving/ driving under the influence resulting in bodily injury to another. ...
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DNA Samples in Orange County

There was an article in the Los Angeles Times today concerning the controversy surrounding the Orange County District Attorney's Office policy of offering to dismiss criminal charges in minor ...
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Food, Alcohol and Impairment Levels

When I am consulted for the first time by a potential client charged with drunk driving, the potential impact of having an empty stomach on impairment levels is often raised. The concern is that a ...
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Sobriety Checkpoints and DUI

Sobriety checkpoints or DUI roadblocks are increasingly being favored by law enforcement agencies as a tool in arresting drunk drivers in Los Angeles and Orange Counties. The courts have held that ...
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Refusal following an Accident

I was at the El Segundo driver safety office this week with a client who had been involved in a serious accident. She had suffered serious personal injuries including a head injury which resulted in a ...
Continue reading "Refusal following an Accident" »

DUI Refusal Cases

Anyone driving in California is deemed to have given consent to a blood or breath test following a lawful arrest for DUI. This is called "implied consent". If a DUI suspect refuses to submit to a ...
Continue reading "DUI Refusal Cases" »
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