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It’s amazing how much confusion there is around what you should do if you get pulled over after having had something to drink. Whether it is from family, friends, or even clients who are facing multiple DUI convictions, I often hear “so if I get pulled over, I should refuse the chemical test, right?” It…
What do I do? If you are pulled over and you have been drinking then I recommend you skip the field sobriety test and do not answer any questions as to drinking. In fact, you should tell the officer to cite you for what you were pulled over for and let you continue to your…
It’s important to know how to do a widmark calculation manually. By doing this, you will know where they expert will be and what the prosecutor will ask. The most common calculations are number of drinks and what will a person alcohol level be with this amount of drinks, time, weight, etc, and the retro…
If you are facing DUI charges in California, I hope you weren’t driving too fast. What’s too fast? Vehicle Code (VC) 23582 says that if you are guilty of a DUI and were driving 30 mph over the speed limit on a freeway, or 20 mph over the speed limit on any street or highway when…
It’s not a distant planet. It’s not a Kama Sutra move. It’s a DUI field sobriety test. And it’s coming to hipster parties near you. The Horizontal Gaze Nystagmus is one of many field sobriety tests given by law enforcement to determine whether you are under the influence of alcohol. “Nystagmus” means a jerking of…
Most people don’t realize that driving under the influence of drugs, even completely legal, over the counter drugs, can result in arrest and conviction of driving under the influence.The key element that must be proved to be convicted of a DUI is that the driver suffers a physical or mental impairment such that he or…
This is a question I get A LOT. How do I stay out of jail on my 2nd DUI offense in California? If you have been charged with a 2nd DUI offense in California within 10 years you are subject to enhanced sentencing under the California Vehicle Code and part of the mandatory minimum sentence…
Clients often think that if they test at a certain level on a DUI the case is over. Often a friend, a pseudo lawyer will advise them it is no use fighting a case if you are over the limit. This is far from the truth. What matters most in a DUI case is the…
Checkpoint cases from Labor Day weekend are coming in. Some are going to Arraignment and are ripe for the 1538.5. Below are some of the guidelines the Ingersroll court have set out to make a checkpoint within the limits of the constitution. Number 8 has been done away with recently in Banks and is only…
Probation is a pain in the ass, especially if you are looking for a job. Employers don’t like to hire employees who are on probation – especially because probation requirements can often get in the way of job requirements, but also simply because of the stigma attached to probation (i.e., you’ve broken the law). The…
