www.topgundui.com

July 4th DUI Checkpoints Take On New Twist

topgundui — Fri, 03 Jul 2009 16:38:05 +0000

After checking for this 4th of July holiday weekend DUI / Drunk Driving checkpoint locations, I found most of the publicity suprisingly vague as to specific locations. What was also suprising is that many of the checkpoints will stop every driver that drives into a checkpoint in order to check for people who may be DUI, lack valid drivers’ licenses and possibly for possessing fireworks as well. Generally, the police are required to disclose the specific locations and not stop every driver in a DUI checkpoint. However, combining DUI / Drunk Driving checkpoints with fireworks and driver’s license checks, law enforcement may feel it can be less vague in publicizing DUI / Drunk Driving checkpoints and more aggresive by stopping every vehicle than otherwise just looking for DUI / Drunk Driving suspects at DUI checkpoints.

U.S. SUPREME COURT RECOGNIZES NATION’S CRIME LAB ERRORS

topgundui — Mon, 29 Jun 2009 19:06:18 +0000

The United States Supreme Court recently held that a defendant in a criminal case has the constitutional right to cross exam government chemists who analyze chemical substances when the government seeks to introduce into evidence the lab reports prepared by government crime labs to prove the substance is what the government says it is. Prior to this ruling and as it relates to DUI / Drunk Driving prosecutions, some states allowed government lab analysis reports into evidence without the need to call the analyst to testify as to the lab report contents. However, in California, this ruling doesn’t change the admissibility of crime lab reports in DUI / Drunk Driving prosecutions because courts in California have required experts from crime labs to testify as to the preparation, contents and conclusions contained in the reports. The recent ruling clearly is an acknowledgement by the U.S. Supreme Court that through cross-examination by defense counsel in criminal cases, a criminal defendant’s constitutional rights are protected. Errors in crime labs have been widely reported as well as discussed in my DUI / Drunk Driving blogs in the past.

Over 200,000 DUI / DRUNK DRIVING ARRESTS IN CALIFORNIA

topgundui — Mon, 22 Jun 2009 22:30:45 +0000

According to the California Department of Motor Vehicles, there were 203,866 DUI / Drunk Driving arrests in 2007. This breaks down to 197,602 misdemeanor and 6,264 felony DUI / Drunk Driving arrests for 2007.

Also in 2007, there were 192,213 DUI / Drunk Driving DMV Administrative Per Se suspension/revocation actions. An administrative per se suspension/revocation action occurs after a police officer takes a California driver’s license and/or issues a temporary license after the driver has been arrested for DUI / Drunk Drivng and took a breath test with results of a .08 or greater, took a blood test or refuses a breath or blood test, or if someone under 21 either has a breath or blood test with a result of a .01 or greater.

Finally, in 2007, almost 76% of people facing California DUI / Drunk Driving DMV administrative per se suspension/revocation actions were facing their first DUI / Drunk Driving DMV administrative per se suspension/revocation action.

Report of Serious Crime Lab Deficiencies

topgundui — Tue, 09 Jun 2009 17:07:52 +0000

According to a report released on February 18, 2009, by the National Research Council of the National Academies of Science, Engineering and Medicine, the nation’s crime labs on the federal, state and local levels are rife with serious deficiencies including lacking practitioner and laboratory independence, standards, oversight and certification. The National Research Council called for the establishment of a wholly independent federal agency, the National Institute of Forensic Science to address the problems in the current science and system. As this relates to DUI / Drunk Driving defense, we experience a wide variation of policy, procedures and testimony from the various county crime labs statewide in California. The testimony variation also includes chemists within the same county crime lab who testify differently from each other in DUI / Drunk Driving cases.

Unusual DUI / Drunk Driving Case

topgundui — Mon, 08 Jun 2009 16:27:36 +0000

Oftentimes I am asked about unusual DUI / Drunk Driving cases we have handled. One case we handled a while ago was a golfer who was arrested for DUI / Drunk Driving while driving a golf cart! The client was finished playing golf and was driving home in the golf cart. Keep in mind that in California, anyone is subject to being arrested for DUI / Drunk Driving in any type of motorized vehicle anywhere in the State. If you know of an unusual DUI / Drunk Driving arrest like this one, please let me know.

Oceanside Police Department Turns Over Almost 8 Years of Videotapes Stashed By Police Officer

topgundui — Sat, 06 Jun 2009 01:50:13 +0000

Recently, the Oceanside Police Department turned over to the San Diego County prosecutors office neary 8 years worth of video tapes of suspect interviews stashed by an Oceanside police officer. It’s not clear if the officer withheld the tapes intentionally or wasn’t aware that he was to turn them over to the defense. Credit goes to the San Diego County District Attorney’s Office for notifying defense attorneys of the existence of the video tapes. My guess is that the officer kept the tapes for his own protection in case a suspect may have alleged the officer may have committed some kind of violation of the suspects’ rights. There is no indication if any of the video tapes involved DUI / Drunk Driving arrests.

Many DUI / Drunk Driving Cases in Southern California May Be In Jeopardy

topgundui — Tue, 21 Apr 2009 15:55:51 +0000

According to the Los Angeles Daily Journal, thousands of cases (including DUI / Drunk Driving cases) in San Diego, Riverside and San Bernardino counties may be impacted by a forensic alcohol analyst who was working for a private laboratory for over two years. The forensic alcohol analyst was fired in February, 2009. Apparently, this forensic alcohol analyst previously was not being truthful hundreds of times while working at a Colorado lab eight years ago. One county judge has ordered the private laboratory who has contracted to provide forensic alcohol analysis with San Deigo, Riverside and San Bernardino counties to provide a detailed list of thousands of cases the fired forensic alcohol analyst worked on while he was employed there. In addition, at least two county prosecutors offices have and are still compiling information on cases the fired forensic alcohol analyst was involved with.

DUI / Drunk Driving On Motorized Bar Stool!

topgundui — Thu, 02 Apr 2009 16:24:03 +0000

According to the LA Times, an Ohio man was charged with operating a vehicle while intoxicated after he crashed his bar stool which was powered by a lawn mower engine. Not much else to say about this one!

Kentucky May Not Use Ignition Interlock Devices

topgundui — Mon, 23 Mar 2009 16:19:08 +0000

The Kentucky State Senate is debating whether or not to require repeat convicted drunk drivers as well as DUI / Drunk Drivers with a conviction that has aggravating circumstances to install an ignition interlock device as part of a DUI / Drunk Driving sentence. However, some state senators want to look into the issue further to determine the financial benefit private companies who provide the devices would receive if the law goes through. The state senators also want to determine if this bill would create “a cottage industry with one cottage.”

Tough New DUI / Drunk Driving Law In Illinois

topgundui — Mon, 16 Mar 2009 16:16:48 +0000

In Illinois, starting in 2009, people arrested for DUI / Drunk Driving can now apply for a Monitoring Device Driving Permit (MDDP) which will allow a first time offender to drive 30 days after a DUI / Drunk Driving arrest for work, school, family reasons, and under a limited number of other circumstances. In order to receive an MDDP, the driver must pay for and install a Breath Alcohol Ignition Interlock Device in a vehicle they with to drive during the period of the MDDP. There is an exception for an employee owned vehicle. If the driver allows someone else to “trick” the device by having someone else blow into it, the driver can face a felony prosecution which carries a state prison sentence of up to 3 years and a substantial fine.