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A former crime lab forensic criminalist who worked at California’s Central Valley Crime Lab in Ripon was accused of and plead guilty to stealing drugs from the crime lab. The crime lab does analysis for five counties which are San Joaquin, Calaveras, Tuolumne, Merced and Stanislaus. The criminalist was apparently stealing drugs at the same time he was testifying for the prosecution in cases involving drug analysis. Thousands of cases, including cases in which the criminalist either testified in court or did analysis on drugs were jeopardized. Crime labs need to be above reproach. This is especially true in DUI… Read More

A tipster told police our client was intoxicated and was leaving a parking lot. Police stopped our client driving away, observed red/watery eyes, flushed face, slurred speech and strong odor of alcohol. Client admitted to “three drinks”. After being interrogated, client failed 5 field sobriety tests and then blew .140/.136 on portable breath test. Client was then arrested for DUI / Drunk Driving. After arrest, client blew .12/.12. After trial, client was found not guilty of driving with a .08 or greater in the blood. Driving under the influence of alcohol was dismissed. (The case results posted on this page… Read More

his Memorial Day Weekend, there will be many DUI / Drunk Driving Checkpoints. Here’s our list of known SoCal checkpoints. If arrested for DUI, call 888-4-TOPGUN (888-486-7486). Drive safe.

Our client was seen driving across 4 lanes of traffic (all closed by CalTrans) and over double yellow lines at about 80 mph. Client was pulled over but in doing so failed to follow instructions. Officer observed strong odor of alcohol, incoherent, mumbled and slurred speech, red watery eyes and upon exit from car unsteady gait. Client admitted to 1 drink. Client failed 4 field sobriety tests and refused a portable breath test. Client then arrested for DUI / Drunk Driving. After arrest, client wanted to use bathroom before a breath test. Client was uncooperative, interruptive, protesting and talking loudly… Read More

Our client was weaving between lanes and shoulder of freeway as well as within lanes. After stop, client admitted to drinking 1 vodka/soda. Officer noticed bloodshot/watery eyes, odor of alcohol unsteady gait and slurred speech. Client failed 4 field sobriety tests and blew a .085/.089 on portable breath test. Client was then arrested for DUI / Drunk Driving. After arrest, client took a blood test with the result of .099. On day of jury trial, client was offered and plead to a dry reckless. Both driving under influence of alcohol and driving with a .08 or greater in the blood… Read More

Client was reported driving at slow speeds, weaving onto shoulder as a possible DUI driver. Officer observed client also weaving onto the shoulder and drifting from lane and again onto shoulder 2 more times. Client spoke slowly and appeared lethargic. Client fumbled through purse for 3 minutes to get license, fell against car door, was unsteady on feet, smelled of alcohol, had red/watery eyes and droopy eyelids. Client denied drinking but admitted to taking pain pills. Client failed 3 field sobriety tests and blew a .032/.031 on portable breath test. Client was then arrested for DUI driving under combined influence… Read More

For list of Cinco De Mayo DUI checkpoints for tonight in Los Angles, see my Southern California DUI Checkpoints page. If arrested for DUI in California, call 888 4-TOPGUN, (888-486-7486). Be safe, drive carefully.

The California Highway Patrol is suspending non-consensual blood draws in misdemeanor DUI / Drunk Driving cases and will obtain search warrants for blood draws in Felony DUI / Drunk Driving cases unless there are “exigent circumstances beyond the mere dissipation of the suspect’s blood alcohol content”. The new policy is a direct result of the US Supreme Court decision I posted about last week. Credit should be given to the CHP for following the 4th amendment of the US Constitution as reaffirmed by the US Supreme Court. So many of our clients were shocked to learn police actually threaten to… Read More

The US Supreme Court ruled that police officers are generally required to get a warrant when they can reasonably do so before they can draw blood when a DUI / Drunk Driver refuses to provide a breath or blood sample. People have a protected privacy interest in preventing a government agent from piercing their skin. Up until now in California, when people refuse to give a breath/blood sample, the police were threatening to physically restrain or physically restraining people and drawing their blood. In an 8-1 decision, the Supreme Court affirmed the 4th Amendment of the Constitution protects motorists from… Read More

As a result of DUI checkpoints being posted in advance on Facebook and Twitter, police agencies are starting to rethink their use of DUI checkpoints to catch suspected drunk drivers. Instead of focusing on weekend nights, police are starting to set up checkpoints during the week and at unusual locations. For example, a police agency in Northern California wine country set up a DUI checkpoint at the bottom of a winery’s driveway on barrel-tasting day! This change in policy will have serious negative consequences on business that have specific types of promotions that involve alcohol. Police will also no longer… Read More