Call Now For a Free Case Evaluation
Top Gun

Blog


WHY ARE FIELD SOBRIETY TESTS (FSTs) SO DIFFICULT TO PASS?
January 8, 2015

As mentioned in previous blogs, FSTs are used by law enforcement as a tool to determine whether an individual’s mental faculties as well as coordination and muscle control are impacted due to the ingestion of an intoxicating substance.  One problem, however, with the use of FSTs is that they depend on the subjective observations of the arresting/detaining officer. This officer’s goal is strictly to compile evidence against the driver in order to prove that his/her arrest is legally justifiable.  As you will see from the ensuing contrast, FSTs are not only unfair in their implementation and but designed for the… Read More

CAN A DUI PREVENT A PERSON FROM ENTERING A FOREIGN COUNTRY?
December 30, 2014

Imagine, if you will, booking a flight to Canada to go skiing with family and friends. You make all of the proper arrangements – you have your rental car and hotel booked.  While filling out Canadian documents required to be completed for entry into Canada you notice there is a question regarding whether you have any criminal convictions.  “Does this question apply to the misdemeanor DUI conviction that you suffered 6 years ago?” you ask yourself.  You answer the question “no” under the mistaken assumption that a misdemeanor DUI conviction isn’t serious enough to disclose.  You land in Canada and… Read More

CAN A DUI PREVENT A PERSON FROM LIVING IN THE UNITED STATES?
December 23, 2014

Whether a person can remain in the United States after a DUI conviction depends on several factors: the person’s citizenship status, that person’s history, and the severity of the DUI.  Each factor must be analyzed in order to determine the immigration consequences, if any, of a DUI conviction. First, let’s look at a person’s immigration status.  If a person is a US citizen, either by birth or naturalization, that person has an irrevocable right to remain in the United States. A citizen’s criminal history and the severity of the offense (or any offense for that matter) is irrelevant to the… Read More

IS THE ROADSIDE PORTABLE BREATH TEST MANDATORY?
December 10, 2014

Many people are under the mistaken belief that the roadside breath test is 100% optional.  I should state that it is 100% optional for some people.  For others, however, it is mandatory and failure to provide a sample is deemed a chemical test refusal.  For purposed of brevity, I will divide this discussion into two types of roadside breath tests – the preliminary alcohol screening test (“PAS”) and the evidential breath test. The PAS test is primarily used as an investigative tool in order determine whether there is probable cause to arrest an individual for driving under the influence.  The… Read More

HOW DOES THE DMV DEFINE A REFUSAL?
November 24, 2014

The California Vehicle provides the following rule for a violation of the Implied Consent Law. VC section 13353.(a) If a person refuses the officer’s request to submit to, or fails to complete, a chemical test or tests pursuant to Section 23612, upon receipt of the officer’s sworn statement that the officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23140, 23152, or 23153, and that the person had refused to submit to, or did not complete, the test or tests after being requested by the officer[.] The above language was taken… Read More

WHEN IS A DUI REFUSAL REALLY A DUI REFUSAL?
November 15, 2014

Generally, the state of California states that a person arrested for DUI will suffer severe license consequences when the DMV can show that a peace officer had reason to believe that the arrestee was driving under the influence or in excess of the legal limit, whether the officer arrested the arrestee, whether the officer requested the person to submit to a chemical test, and whether the arrestee (if capable of refusing) refused the chemical test after being told that he/she would suffer a license suspension for failing to complete or refusing a chemical test. As you read above, the officer… Read More

HOW A BRAIN PROBLEM CAN BECOME A DRIVING PROBLEM
October 27, 2014

Before I provide the discussion for today’s blog entry I first need to provide a backdrop.  To set the scene, there has been a solo vehicle car accident in Studio City, California.  The police arrive on the scene and observe the driver unconscious behind the wheel.  The officer calls an ambulance to the scene and follows the ambulance to the hospital.  The driver regains consciousness and begins answering questions posed by the officer.  The officer’s questions focused on the driver’s health and whether the driver consumed any intoxicating substances.  The answers to these questions, however, can have a variety of… Read More

THERE’S A RADAR GUN TO CATCH PEOPLE FOR TEXTING AND DRIVING…WHO KNEW???
October 16, 2014

According to top researchers, distracted driving is the leading cause of car accidents.  Private industry is addressing this issue by creating a tool to detect individuals who text while driving.  Specifically, they have created a texting detector gun that will detect the small electrical pulses sent from handheld devices when it is used to text. So what does this have to do with DUI? I’m sure this is the exact question that you’re asking yourself.  The answer is it has a lot of DUI implications.  Remember, a police officer needs a legal basis to initially pull over a person for… Read More

FIELD SOBRIETY TESTS FALSEHOODS AND OTHER TIPS
October 2, 2014

As an attorney who for years has primarily focused on DUI defense, I cannot tell you how many times a client has told me “I passed all of my field sobriety tests but the officer still arrested me.”  The interesting thing, which is extremely difficult to appreciate for someone who lacks experience in DUIs is that you truly cannot really pass or fail field sobriety tests (FSTs).  The basic assumption is that the FST is administered correctly by the officer.  This of course is understandable because you would think that a police officer knows how to competently do his/her job. … Read More

LABOR DAY DUI ENFORCEMENT
September 28, 2014

Labor Day is the only holiday dedicated to the American worker. It was created during the 1800’s as a way to show appreciation to these workers. Unfortunately law enforcement agencies have turned this holiday into one of the most aggressive days for DUI enforcement. The California Office of Traffic Safety (OTS) has awarded grants to various law enforcement agencies throughout California for DUI enforcement. Below are examples of DUI crackdowns coming this Labor Day weekend. Ventura County:  Avoid the 14 DUI Taskforce will focus on check points, saturation patrols, DUI warrant and probation sweep, and a DUI court probation sting… Read More