A Forensic Blood Test Report Not Admissible in California unless "made at or near time of analysis"
May 29, 2009
DMV may not circumvent the Evidence Code by attempting to rely on the Vehicle Code or Preliminary Alcohol Screening Test (PAS) results-Molenda v. DMV DMV may not argue that it is error in excluding t...
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"No Driving" Defenses in California
May 19, 2009
Preliminary California Criminal Court "Driving" Defense Questions in DUI cases include: 1) Did California police officer actually observe the person driving the vehicle?
2) Does the officer have...
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In addition to mouth alcohol, there are other common sources of error in breath testing in DUI cases
May 04, 2009
Cops must ensure an arrested DUI subject is not adversely affected by her or his ambient environment while breathing properly and not holding breath Breath testers can be very sensitive to temperatur...
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California road checkpoints must follow strict criteria set forth by the California Supreme Court
Apr 25, 2009
California Supreme Court uses 8 Guidelines that minimize the intrusiveness on an individual, while balancing needs to keep drunk drivers off the road The initial establishment and location of Califor...
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Why Mouth Alcohol Can Cause a Falsely Elevated Breath Alcohol Reading on the Breath Machine
Apr 20, 2009
However, alcohol may have come from the mouth, throat or stomach for a number of reasons. To help guard against mouth-alcohol contamination, certified breath test operators are trained to carefully o...
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What to Do if Involved in a Fatal Accident While Driving Under the Influence (DUI) in California
Apr 19, 2009
Sometimes you could get slapped with California manslaughter or even a California murder charge if someone died. Even a low BAC in a serious DUI accident with death or injury could get you in trouble...
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Under 21 DUI / Underage Drunk Driving Issues in California
Apr 09, 2009
Zero Tolerance is what it means 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%...
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DMV & Court Issues & Problems in California with the New .01% BAC Probation Law
Apr 05, 2009
Over 21 License Suspension Actions should be set aside under present .01% probation violation legislation Although the Legislature amended CVC 13353.2(a), operative January 1, 2009, to include CVC §...
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Tips on How to Avoid a DUI: Designated Decoy
Nov 05, 2008
The easy, guaranteed & fun way to avoid a drunk driving charge Outside a local pub, Police noticed a man leaving so intoxicated that he could barely walk. The man stumbled around for a few minutes, w...
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