Ticket Myths

There are few things that evoke more fear or loathing than getting stopped and ticketed by a law enforcement officer.  The legal process that follows can be quite daunting from the standpoint of mounting a defense or dealing with the problem.  One Lamont Speeding Ticket Attorney has assembled a list of common myths and half truths related to traffic tickets, it's worth taking a look at.

DUI While Parked

Penal Laws in the state of California define DUI as driving at a time when your mental or physical faculties are impaired to such a degree that you cannot operate a motor vehicle with the caution characteristic of a sober person. The interrogatory is frequently asked if a person can be arrested and charged with a DUI while they are parked in their driveway. The answer to this question depends on whether the police can establish actual driving. Obviously,  the law does not require that the police officer actually see the person driving, this element can be proven using circumstantial evidence. So, if the governmental officer sees the person pull into his own driveway and he is under the influence, game over. Further, if another witness sees the driving, same conclusion. Also, if evidence can be obtained to infer recent driving, IE. warm engine, admissions to recent drinking at the bar prior to arriving home, slumped over wheel while engine running, etc, all can be used to come to a rational conclusion that the person was driving. If other evidence, FST's breath tests and other evidence established that the person was impaired at the time of driving, a DUI case can be established.

DUI Law in the New Millennium

It is indeed axiomatic that as civilizations evolve there is a corresponding increase in new laws and regulations designed to conform the society to a given paradigm.  Criminal laws are no different.  In our current civil structure we have experienced this upward pressure particularly in the category of rules governing the use of motor vehicles, aka automobiles.  It is evident that the legislative bodies have concluded we are unable to think for ourselves and conform our behavior to basic common sense.  A good example of this is the criminalization of the use of cellular phones while driving and the use of active restraints such as seat belts.  DUI laws are also on the agenda and we will see an increase in legislative interaction into how we govern those that use alcohol and drive.

Another Good Reason Not to Take a PAS Test

We know that California law allows motorists over 21 and not on probation to refuse a roadside breath test known as a PAS.  The test however is usually a bad idea inasmuch as it provides additional evidence of intoxication relating to DUI that can be used against you in Court.  A recent case reiterates another good reason to refuse taking the test.

Defendant Thomas was stopped for traffic violations. His eyes were bloodshot and watery. Defendant performed sobriety tests and consented to a PAS breath test that required him to place his mouth over the plastic tip of the PAS device and blow into it. Defendant was let go after passing all tests, but instead of discarding the mouthpiece of the PAS device, the police preserved it for DNA testing. The DNA profile derived from the mouthpiece linked defendant to two burglaries. A DNA sample obtained after defendant’s arrest matched genetic material recovered from five of the burglaries. Additional evidence implicating defendant in the burglaries was found when police searched his home pursuant to a warrant after his arrest.

Defendant appealed his convictions of the crimes arguing that testing the mouthpiece of the PAS device for DNA was a search that could not be conducted without a warrant under the Fourth Amendment to the United States Constitution. The appellate court however disagreed holding that the DNA test was not a search because defendant abandoned any privacy right he had in the saliva he deposited on the police device.  The Court ruled that the Fourth Amendment protects against unreasonable governmental searches and seizures. A search occurs only when a government activity intrudes on an individual’s reasonable expectation of privacy, measured by the individual’s subjective expectation of privacy in the item searched and society’s objective recognition of the reasonableness of the individual’s subjective expectation of privacy.  People of California vs. Thomas.

"Over the Influence" commercials send the right message to our youth

Recently, I have seen the new television commercials that espouse abstinence from alcohol and drugs, targeted mainly to young people. These messages need to be played more frequently to buffer then constant onslaught of ads that encourage getting drunk and being under the influence, great work whoever put these together.

Why Hire a DUI Lawyer?

A DUI arrest is a serious charge which could result in the loss of your driver's license, thousands of dollars in court fines, the loss of your job, time in jail or even prison. A DUI conviction also acts as a prior, meaning that if you get a second or third DUI conviction, the penalties are drastically worse.

Despite these serious consequences, I am surprised on how many people try to represent themselves in court to save the costs of attorney's fees. In so doing, they often miss the deadlines to request a DMV driver's license hearing, lose their license, and then get the standard DUI punishment, even when a reduced punishment could have been negotiated.

If you are arrested for a DUI, you need a lawyer! A lawyer will help you schedule a timely DMV hearing which could help you keep your license. If a charge is filed against you in court, your lawyer's knowledge of the law could help you get your case dismissed, even if there is sufficient evidence for a conviction. For example, if the evidence in your case was obtained illegally, a lawyer can get it suppressed, which will usually result in the case being dismissed. Only someone well versed in the law, however, could recognize those types of errors.

In some cases, a lawyer is able to negotiate the DUI to a lesser offense that can save your license and have reduced penalties. If your case goes to trial, a lawyer can cross examine the prosecution's police and expert witnesses and point out limitations on the evidence.

I have been able to help my clients avoid the consequences of DUI, even when their cases seemed initially hopeless. For example, I had a client who refused to take an alcohol test at the police station. Normally, such a refusal results in the automatic suspension of a driver's license for an extensive period of time. I represented her at the DMV hearing, and she was able to keep her driver's license.

In court, I had a client who had multiple prior DUI's, and was looking at harsh penalties on the new DUI I was representing him on. Due to mistakes made by the police, however, I was able to get the entire case dismissed.

If you have been arrested for DUI, you need a lawyer as quickly as possible.

DUI Lawyer/ Hire a DUI Lawyer

Correlation Between DUI and Domestic Violence?

Many social scientists believe that domestic violence goes hand in hand with alcohol consumption and as the economy gets worse alcohol abuse is on the rise. DUI comes into play, according to one Long Beach Domestic Violence Attorney, when the misuse of alcohol becomes intertwined with Domestic Violence. As the situation escalates, often the abuser will find him or herself pushing the limits of societal norms and find themselves drinking and driving which may lead to DUI. The studies are awaiting peer review on this one, stay tuned.