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California DUI News

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California Gets Tough on Nurse DUI Laws

Nurse DUI Laws in California It used to be the case that nurses would not run into a problem with the California Board of Registered Nursing for a first offense DUI conviction. At most, the nurse might be asked to submit a copy of the police report and explain what he or she is doing to avoid any future problems with the law. Although this remains generally the case, formal disciplinary action may be instituted by the Attorney General where ... Read More »

Video and Audio Recordings Are Golden Nuggets For California DUI Defense Counsel

California DUI Attorney

     Police agencies throughout the Bay Area are increasingly using Mobile Video/Audio Recording Systems (MVARS) to record DUI investigations that include driving patterns, instruction and performance phases of field sobriety testing, and conversation between officers and motorists.  The California Highway Patrol (CHP) has installed these devices in almost all of their patrol cars roving Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, and Sonoma counties. Police and their union representatives initially resisted the use of these devices.  They ... Read More »

DUI Entrapment

California DUI Attorney

Suppose a police officer asks or orders an individual to drive a vehicle — and then arrests him for DUI when he complies? This situation comes up more often than you might think. Take, for example, the following case that eventually made its way to the New Jersey Supreme Court…. The defendant asked his brothers at a wedding reception to drive him home because he was too intoxicated to drive. In the parking lot, however, the brothers got into a ... Read More »

What Are Breathalyzers, How Do They Work…and Are They Accurate?

Did you ever wonder how breathalyzers work? There is a website which will give you a pretty fair idea. But first, let’s clear up some confusion…. There are many different kinds of “breathalyzers” — or, more accurately, there are many kinds of breath testing devices. The first of the modern breath testers, manufactured by Smith and Wesson many years ago (yes, that Smith and Wesson), was called the Breathalyzer. Since then, various manufacturers have recognized the growing market and come out with ... Read More »

California DMV Study – How To Obtain More DUI Conviction

The California Department of Motor Vehicles recently published the resultsof its six year study on DUI conviction rates throughout the State of Californiaentitled: AN EVALUATION OF FACTORS ASSOCIATED WITH VARIATION IN DUI CONVICTION RATES AMONG CALIFORNIA COUNTIES, December 2011. The study’s recommendations focus on ways to achieve more convictions; reduce the rate of negotiated reduction of charges; obtain faster convictions; and prosecute more prescription medication cases. The study concluded with the following recommendations: 1. Reduce the number of delays and ... Read More »

Are Field Sobriety Tests Designed to be Failed?

Roadside field sobriety tests (“FSTs”) are commonly used by police officers in DUI investigations to determine whether a driver is under the influence of alcohol. Typically, they consist of a battery of 3-5 exercises, such as walk-and turn, one-leg stand, “nystagmus” (“follow the pencil with your eyes”), finger-to-nose, alphabet recitation, “Rohmberg” (eyes-closed-position-of-attention), etc. The officer may subjectively decide whether the individual “failed”, or he may decide after applying recent federal “standardized” scoring. These DUI tests have an aura of scientific ... Read More »

Tipsters and the Public Safety Exception

It is becoming increasingly more common for patrol officers to stop citizens based solely upon a telephone call to the police about a particular vehicle being driven in an erratic manner.  We refer to these as BOLO stops—an acronym for “Be On Look Out.”  The problem from a constitutional standpoint is that warrantless seizures are often made without any police observation of vehicle code violations.  The following is a summary of federal and California law on this subject, along with some tips for those ... Read More »