Recent Blog Posts in January 2010 |
| January 29, 2010 |
| Dismissal of charges in Long Beach. |
| Posted By Gold & Witham |
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I have been representing a client arrested by the Long Beach police department back on January 17th 2009. On that day, my client lost control of his vehicle and collided with a parked car causing substantial damage. The police report indicated that he appeared confused and sluggish and it was reported that he failed to perform field sobriety tests as instucted. The arresting officer suspected that my client was under the influence of drugs as he could not detect any odor of alcohol on his breath. My client admitted to taking a number of anti-anxiety and anti-depression medications. He agreed to submit to a blood test.
Despite taking the above medications, the blood sample tested positive for marijuana only. The Prosecutor initially offered a
"wet reckless" but eventually, the Long Beach City Prosecutors office accepted that they were unable to prove the case based on what was a relatively low quantity of marijuana and the case was dismissed this week in the interests of justice.
If you have any questions concerning
DUI defense in Long Beach, please call Nigel Witham or Jeffrey Gold, DUI defense lawyers with many years of experience in
defending DUI charges in Long Beach Court and in other Courts in Southern California.
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| January 22, 2010 |
| Ignition Interlock Device for first time DUI Offenders in Los Angeles. |
| Posted By Gold & Witham |
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As a result of Assembly Bill 91, defendants convicted of
DUI in Los Angeles County will be required to show proof of installation in their vehicle of an ignition interlock device. This Bill becomes effective July 1st, 2010. For first offenders, the period required for installation of the device will be five months. The period of installation will be longer for repeat offenders. Installation of the device will be a mandatory requirement before the DMV will grant restricted license privileges. The Bill creates a pilot program for certain counties including Los Angeles County.
The law requires the device to be installed in every vehicle owned or operated by any defendant convicted of a DUI. The device requires that a person blow into a tube before starting their vehicle. If alcohol is registered on that persons breath, the device will not allow the vehicle to start. The device must be calibrated by a certified provider every sixty days. Missing these appointments can result in an extended license suspension.
Previously, State law allowed courts to require installation of an IID as a discretionary term of probation for offenders with high blood alcohol levels, but this was not typically ordered by the courts. In addition, the DMV may require the installation of an IID as a condition of granting a restricted license for multiple offenders after a one year period of suspension.
If you have any questions about ignition interlock devices or
penalties for DUI in Los Angeles, please call
Los Angeles DUI Defense Attorneys Nigel Witham and Jeffrey Gold.
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| January 07, 2010 |
| Definition of "Vehicle" in DUI Cases |
| Posted By Gold & Witham |
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California Vehicle Code Section 23152(a) and (b) make it a criminal offense to drive a "vehicle" while under the influence of alcohol or drugs or with a blood or breath alcohol level of .08% or more. This begs the question; what is a "vehicle"?
In the majority of DUI cases, this is not an issue as the defendant is stopped driving a car, truck or motorbike, all clearly "vehicles" within the definition. But what if the defendant is driving a motorized scooter, a fork lift truck or even a motorized skateboard? The Vehicle Code defines the term in section 670 as "a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks".
The courts have held that a scooter which has a small motor but which also can be propelled by pedalling, is a vehicle within the definition. However, a bicycle is not. However, Vehicle Code Section 21200.5 makes it an offense to ride a bicycle on a highway while under the incluence of alcohol or drugs. This is not a "DUI" however and carries a penalty of a fine only. As far as we are aware, the courts have not addressed the question of whether a "Segway" amounts to a vehicle for DUI purposes. Defending DUI charges in Los Angeles often involves addressing issues that higher courts have yet to give guidance over.
If you have any questions about the definition of DUI in California, please call Los Angeles DUI Attorneys Gold and Witham for a free consultation.
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| January 05, 2010 |
| Sobriety Checkpoints and DUI Defense |
| Posted By Gold & Witham |
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The probability of being stopped at a sobriety checkpoint in California is going to increase in 2010. According to The Office of Traffic Safety, eight million dollars has been allocated for law enforcement activities that deter driving under the influence of alcohol and drugs in California. This is an increase of three million dollars from 2009. The money will be used to fund the operation of sobriety checkpoints throughout California in the coming year. It is projected that there will be 2,500 checkpoints throughout the State in 2010. The OTS says that California conducts more sobriety checkpoints than any other State and declared 2010 to be "The Year of the Checkpoint".
If you have been arrested for a DUI following a stop at a sobriety checkpoint, it is important to understand that not all sobriety checkpoints are "legal" in that not all checkpoints follow constitutional guidelines. The law requires that the agency operating the checkpoint follows a number of safeguards to protect individual liberties. The safeguards relate to the choice of location, advance publicity, lighting and warning signs, length of detention, formula to be followed in determining which cars to stop, and limits on the discretion of field officers.
If you have any questions about DUI defense in Los Angeles or Orange Counties, please contact Gold and Witham Attorneys at Law for a free case evaluation. |
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