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Tag Archives: California DUI

Palmdale girl killed after suspected DUI driver slams into apartment

PALMDALE, Calif. (KABC) —  A 16-year-old girl asleep in her bedroom was killed when a suspected drunk driver slammed his Nissan Pathfinder into her apartment complex in Palmdale early Sunday. Family members identified the girl as Giselle Mendoza, a sophomore at Palmdale High School. Investigators said the driver, 20-year-old Roberto Rodriguez, lost control when he turned the corner on the 1000 block of Avenue R around 3:50 a.m. Read More »

California lawmaker, aide sued in fatal DUI case

SANTA BARBARA, Calif. —  The parents of a Santa Barbara woman who was fatally struck by a congresswoman’s aide filed a federal lawsuit against the driver, U.S. Rep. Lois Capps and the U.S. government. The wrongful death suit filed by Matt and Raeona Dies’ attorney claims the Democratic congresswoman hired the aide despite being aware of his two DUI convictions and failed to monitor him, KEYT-TV reported Saturday. The suit said Raymond Morua’s job as a field representative required driving. Court ... Read More »

Do Breathalyzers Measure Alcohol?

Breathalyzers don’t actually measure alcohol. That’s right.  What they actually detect and measure is any chemical compound that contains the methyl group in its molecular structure.  There are thousands of such compounds — including quite a few which can be found on the human breath. And this machine that determines a person’s guilt or innocence in a DUI case will “see” all of those chemicals as alcohol — and report a falsely high blood-alcohol concentration (BAC). Most breath machines used ... Read More »

Alleged DUI Driver in Collision With LAPD Motor Officer Pleads Not Guilty

Los Angeles (KTLA)- Qaneak Shaney Cobb was charged with two felonies — driving under the influence of a drug causing injury and possession of cocaine — the Los Angeles County District Attorney’s Office announced. She appeared in Van Nuys Superior Court, entering a not guilty plea. Cobb allegedly failed to stop her Chevrolet Blazer and slammed into an unidentified 26-year veteran of the Los Angeles Police Department who was stopped on his motorcycle at a red light. Read More »

Drunk Driving Entrapment?

Suppose a police officer asks or orders an individual to drive a vehicle — and then arrests him for DUI when he complies?  Does this constitute entrapment? 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 ... Read More »

Can You Be Arrested for “Aiding and Abetting” a Drunk Driver?

Is it possible to be an accomplice to drunk driving – that is, to be convicted of “aiding and abetting” a person who was driving under the influence of alcohol? In one case in Maine, two men were drinking together in a bar.  When they left, the owner of the car had his friend drive since the friend was less intoxicated.  The two were stopped by the police, and the owner/passenger was taken to a police station — where he refused to take a breath test because ... Read More »

Breath Tests and the “Mouth Alcohol” Problem

One of the most common causes of falsely high breathalyzer readings is the existence of mouth alcohol. The breathalyzer’s internal computer is making a major assumption when it captures a breath sample and then analyzes it for blood alcohol concentration (BAC): It assumes that the alcohol in the breath sample came from alveolar air — that is, air exhaled from deep within the lungs. Since we are trying to measure how much alcohol is in the blood, rather than in the breath, the ... Read More »

How to Force a DUI Defendant to Prove His Innocence

The drunk driving laws make it a criminal offense to drive a vehicle while under the influence of alcohol (DUI) or while having a blood-alcohol concentration (BAC) of .08% or higher. It is not, however, a criminal offense to be under the influence or to have a BAC of .08% while taking a breath test in a police station an hour or two AFTER driving. So how does the prosecution prove what the BAC was when the defendant was driving? ... Read More »

Laws requiring breathalyzers in the cars of DUI offenders has reached 18 states and counting

Maine is the newest state to propose a bill that would allow first time and habitual DUI offenders to cut down on their license suspensions by having a breathalyzer installed in their vehicles. The breathalyzer, also known as the ignition interlock device (IID), is a device wired to a vehicle’s ignition that requires a breath sample from the driver before the engine will start. A photo of the driver is taken while the sample is being given and transmitted to ... Read More »

DUI checkpoints near baseball stadiums hits home for Angels fans

After celebrating the New York Yankees 5-4 victory over the Toronto Blue Jays, Yankee fans left the stadium in a hurry in the hopes of beating the post-game traffic only to be stopped minutes later by the four police DUI checkpoints that were set up just blocks from the stadium. The Bronx police reassured fans that the checkpoints were not aimed towards Yankees fans but were part of a citywide effort to crackdown on drunk driving. An effort that Angels ... Read More »