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Suppressing Chemical Test Results

You were arrested on suspicion of driving under the influence and told you were required to submit to a chemical test of your breath or blood. You may have also been told you had no right to speak with an attorney before deciding whether to submit to one or the other. There may be legal grounds under the Fourth and 14th Amendments to the United States Constitution to suppress the test results from evidence. The seminal case of Missouri v. ... Read More »

Authorities Gear Up for Holiday High Visibility DUI Enforcement

We’re nearly a week away from Christmas, which means many of us are wrapping up the last work week before vacation, preparing to leave town, or getting ready for guests. As Christmas and the New Year approach, we at the Law Offices of Virginia L. Landry, Inc. would like to remind everyone in Orange County and throughout California that law enforcement will be substantially increasing efforts to crack down on drunk and drugged drivers. If you plan on celebrating the ... Read More »

President Declares December National Impaired Driving Prevention Month

The holiday season has become notorious for being one of the most dangerous times of the year on public roads and highways. In addition to the increase in traffic and congestion, this time of year also sees a significant spike in alcohol-related accidents, injuries, and deaths. In an effort to raise awareness and put an end to the cycle, lawmakers at the local, state, and federal level – and the President of the United States himself – have banded together ... Read More »

This Thanksgiving, Don’t Give Police Reason to Arrest You

Thanksgiving is one of the most cherished and widely celebrated holidays of the year. During Thanksgiving and the holiday weekend, many people across the country tend to commute in order to visit family and friends. When festivities begin, they also often choose to celebrate with alcohol. Unfortunately, because alcohol is such an accepted part of the holiday, this time of year often sees a marked increase in alcohol-related auto accidents, injuries, and deaths. Because statistics show a spike in DUI ... Read More »

Halloween DUI Enforcement & Government Blood Tests

Halloween falls on a Saturday this year, which means this coming weekend will likely be filled with many celebrations. Whether you have plans to spend time with the family or attend a costume party or two, it’s important to remember that law enforcement agencies will be on high alert for motorists who drive under the influence of drugs or alcohol. In Orange County, where our firm represents drivers accused of all types of DUI charges, law enforcement agencies often work ... Read More »

5 Tips to Avoid a DUI This Halloween

Halloween is on a Friday this year, which creates plenty of opportunities for late-night parties. It can be easy for people to overdo it on fun-size candy bars, but Halloween can get even scarier when the night ends with an arrest for DUI. In the midst of the fun and festivities, it is important to remember to stay safe and exercise good judgment when it comes to driving. Not only will you be doing yourself a favor by avoiding penalties ... Read More »

Police Credibility Being Challenged In DUI

I once talked to a criminal defense attorney who told me in the late ’60’s he won 17 consecutive motions to suppress evidence based on Fourth Amendment violations committed by the police. Many DUI defense attorneys have not prevailed on that many motions to suppress evidence in their careers. What happened is that our courts became packed with conservative judges following the ouster of Rose Bird and two of her colleagues on the California Supreme Court. Voters in California were ... Read More »

Can Body Temperature Affect Breath Test Results?

Law enforcement DUI investigation techniques depend largely upon the fictitious premise that all humans are physiologically identical. Without that presumption, field sobriety and breath alcohol tests would not be possible. There are, of course, many examples of physiological differences — from person to person and within one person from moment to moment — which will directly alter breath or blood alcohol testing in DUI investigations. A few examples are diabetes, GERD (acid reflux), anemia — even sex and race create ... Read More »

CAVEAT EMPTOR — THE MISLEADING NATURE OF ON-LINE REVIEWS AND WEBSITE CLAIMS

The California State Bar has issued a formal opinion about misleading representations by attorneys on their websites and blogs (Formal Opinion Interim No. 12-0006) and the reason is that too many lawyers are making claims that have no basis in reality. Some claim to be recognized as one of the “Top 100 Trial Lawyers In America” but fail to mention that they simply paid $375.00 for the logo and trophy and did nothing to earn the purported distinction. Another popular ... Read More »

The Unseen Risks of “One for the Road”

One evening at a restaurant, Martha shares a bottle of wine with a friend.  She nurses one glass over a one-hour dinner.  Nearing the end, another glass is poured from the bottle and she finishes this.  The two friends then order an after-dinner drink.  Noting the time, Martha quickly finishes the drink and leaves.  She is stopped by the police one block from the restaurant.  After questioning and field sobriety tests, she is taken to a police station and tested on a breathalyzer.  The machine shows ... Read More »