Search: Legal Guides written by George Fredrick Mueller (15 found)

Written by George Fredrick Mueller
23154. (a) It is unlawful for a person who is on probation for a violation of Section 23152 or 23153 to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test. But there are issues.
Posted 8 months ago in DUI / DWI. Jurisdiction: California

Written by George Fredrick Mueller
DUI Breath Test errors can be magnified if DUI police do not follow proper procedures, such as the Code of Regulations, including continuously observing the subject for 15 minutes prior to breath testing, properly calibrating a breath test machine, timely checking accuracy & testing blank specimens.
Posted 7 months ago. Jurisdiction: Federal

Written by George Fredrick Mueller
A California DUI Prosecutor Must Prove Beyond a Reasonable Doubt that the Vehicle Volitionally Moved and the Person Was Actually Driving
3 of 3 users found this helpful. Posted 6 months ago in DUI / DWI. Jurisdiction: California

Written by George Fredrick Mueller
California's underage DUI laws are the toughest in the nation. Under the "Zero Tolerance Law", anyone under 21 years of age with a Blood Alcohol Content (BAC) of 0.01% or greater will be charged with a California DUI .
Posted 8 months ago in Criminal Defense. Jurisdiction: California

Written by George Fredrick Mueller
Online program for out-of-state people, under limited circumstances: If you are out of state, you may be able to do your program online at at either http://www.myduiclass.com or http://www.tomwilsoncounseling.com/onlineDUI.html
0 of 1 users found this helpful. Posted about 1 month ago in DUI / DWI.

Written by George Fredrick Mueller
In California you could get arrested after an accident or detained because they think you were DUI. Thinking is certainly not enough reason to detain you, as a California attorney is sure to tell them. If they aren’t going to be charging you with anything, they ought to let you go without question.
Posted 7 months ago in DUI / DWI. Jurisdiction: California

Written by George Fredrick Mueller
One of the most common causes of falsely high breath test readings is possible mouth alcohol. In analyzing a subject's breath sample, the breath machine's internal computer is making the assumption that the alcohol in the breath sample came from alveolar air–that is, air exhaled from deep lung air.
Posted 7 months ago in DUI / DWI. Jurisdiction: Federal

Written by George Fredrick Mueller
If the police do not follow these constitutional requirements outlined in Ingersoll, the checkpoint is not lawful. That means any evidence gathered during a California DUI arrest may not be admissible in California Superior Court nor relied upon to suspend at a California DMV hearing.
4 of 6 users found this helpful. Posted 7 months ago in DUI / DWI. Jurisdiction: California

Written by George Fredrick Mueller
You unfortunately had a motor vehicle accident and may be facing possible misdemeanor or felony DUI charges. You want to know what the possible penalties are and what you should you do. You need to know what you are facing. You are scared and do not know where to turn. Help is here at AVVO.
Posted 5 months ago in DUI / DWI. Jurisdiction: California

Written by George Fredrick Mueller
A lab report of blood test results made 4 to 7 days after analysis does not meet the requirements of the public employee records exception to the hearsay rule when the report was not “made at or near the time of” the testing as required by Evidence Code section 1280(b). No such delay is permitted.
Posted 6 months ago in DUI / DWI. Jurisdiction: California

Written by George Fredrick Mueller
Eighty-some criminal defense attorneys and scholars enjoyed the fine presentation and came home with hundreds of pages of valuable information designed to help folks in need of the best California DUI & DMV Defense. One of the goals is to try and even out the playing field in DUI trials.
Posted 4 months ago in Bankruptcy / Debt. Jurisdiction: California

Written by George Fredrick Mueller
There is a rebuttable presumption of reliability of the breath test results at DMV hearings. Once the driver shows a failure to adhere to any regulation, the burden shifts to the DMV to establish the reliability of the test for DMV purposes. If DMV does not establish, it must set aside suspension.
Posted 3 months ago in DUI / DWI. Jurisdiction: California

Written by George Fredrick Mueller
Can the arresting officer circumvent Vehicle Code section 13380 by copying, pasting and incorporating a portion of an unprepared arrest report which: a) was not in existence at the time of execution and service of the DS 367, and b) impossibly refers to events that happened after report was made?
Posted about 1 month ago in DUI / DWI. Jurisdiction: California

Written by George Fredrick Mueller
Alcohol on the breath has no effect on impairment. Alcohol in the blood is what causes impairment. If the prosecutor offers a breath test to show a person drove under the influence of alcohol, the breath test may not be indicative of the person’s impairment because breath does not indicate BAC.
Posted about 1 month ago in DUI / DWI. Jurisdiction: California

Written by George Fredrick Mueller
There are things you can avoid in life. One thing is a DUI. Simply follow the instructions in this story and it will work in whatever state you are. This is from the state where drunk driving is considered a sport, comes a true story. Hope it helps you. Don't be charged with a DUI crime.
2 of 3 users found this helpful. Posted about 1 year ago in DUI / DWI. Jurisdiction: California