The first thing attorneys usually hear from clients is: “I’ve been to jail and I never want to go back“. 
Avoiding jail is the goal of almost every client charged with an offense.  Because of family and work commitments, a jail sentence can often involve losing more than just the time served.  Although alternative sentencing is not [...]

Dyer v. DMV
March 19th, 2009
Yes, in Dyer v. DMV, a uniformed cop in an unmarked police car conducts a traffic stop and notices objective signs of Driving Under the Influence and finds an open alcohol bottle in a vehicle after conducting an inventory search.  The DMV suspends the Defendant’s California Driver’s License after an Administrative Per [...]

The short answer is: NO. 
In Park v. Valverde, the Defendant was stopped for driving a stolen vehicle, but police information was outdated and the vehicle was not actually stolen.  Cops conducted a stop and noticed objective symptoms of intoxication and the Defendant was arrested for DUI.  The court granted the Defendant’s motion to suppress and dismissed the Criminal Case.  [...]

In 2009, Auburn v. DMV further lessened the burden of proof in DMV Administrative Per Se Hearings for Driving Under the Influence.  Evidence that the arresting officer had observed the driver weaving in his lane, and almost hit the curb, supported finding of reasonable suspicion to justify a traffic stop, even absent showing of officer’s particular [...]

Driving under the influence is a crime. If you are caught driving with a blood alcohol level higher than .08%, you are committing a crime in the state of California and will be charged. Driving under the influence is dangerous and not endorsed in any form. However, even when you are committing a crime, you [...]

When a driver is caught driving in California with a blood alcohol level higher than a .08%, that driver may be charged with a misdemeanor DUI. Law enforcement officials may neglect a few crucial rights of the accused in this situation. Among those rights is the chance to request a separate blood test for private [...]

In a small town in Pennsylvania, officers established a DUI checkpoint. During the course of the proceedings, 35 cars were stopped. These 35 stoppages lead to 3 arrests. At first this may seem like a small number. Do the math, though, and you will find that this is 8.5 percent of the people stopped.
There are [...]

Los Angeles criminal defense lawyers commonly question whether proven forensic evidence, such as chemical tests, can be questioned in the court of law. It may be difficult to find any reason why this evidence should be inadmissible.
Recently, a case in California has shown that all evidence may be questioned. Many hundreds of cases in the [...]

There are a number of irresponsible drivers on the road who will stand guilty, even with the best defense attorney. However, there are also a percentage of drivers who are charged with a DUI who may have never been drunk at all. Sometimes when a person is pulled over, it can become very complicated. There [...]

In an imperfect world there are people who make false accusations and attempt to use the law to punish others. There are a number of different scenarios in which an individual can be falsely accused of a crime and must do anything and everything that he/she could to defend his/her name and save him/herself from [...]