Alameda DUI Attorney

Toyota Gas Pedals, Safety Officials and Victims

Alameda DUI Attorney — Thu, 02 Feb 2012 12:10:59 +0000

Toyota Gas Pedals, Safety Officials and Victims -House Oversight Committee – 2010-02-24 – Product 292243-4-DVD – House Committee on Government Reform and Oversight. The House Oversight and Government Reform Committee held a hearing on government response to a series of recalls for unintended acceleration and other defects. Transportation officials and witnesses affected by the defects testified about responses to complaints by government agencies and Toyota. Filmed by C-SPAN. Non-commercial use only. For more information see www.c-spanvideo.org

Public Health 257B – Fall 2009 – Lecture 5

Alameda DUI Attorney — Sun, 18 Dec 2011 20:10:59 +0000

Public Health Preparedness and Emergency Response Professor Thomas Aragon

Family Violence Law Center (FVLC)

Alameda DUI Attorney — Thu, 03 Nov 2011 19:05:59 +0000

The Family Violence Law Center (FVLC) seeks to end family violence in Alameda County by providing support and advocacy for survivors of domestic violence, changing individual and community perceptions about relationship abuse, and advocating for change within the legal, health, education, and criminal justice systems.

Oscar Grant, The Injustice System and Voter Turn Out

Alameda DUI Attorney — Mon, 19 Sep 2011 19:00:59 +0000

In California, Alameda County Supervisor Keith Carson representing District 5, sent out a press release in which he stated “Former BART Police Officer Johannes Mehserle’s sentence of two years minus time served for the shooting death of Oscar Grant is an example of everything wrong with the criminal justice system” The Friday night following the light sentence given to Johannes Mehserle, more than 200 people reportedly broke away from peaceful demonstration and roamed into a residential neighborhood where they smashed car windows, set fires and committed other acts of violence. More than 150 people were reportedly arrested. if Kamala Harris is to become the next Attorney General of California, she will have to rely on the support from Latino voters who are credited with helping to defeat tea party candidates west of the Rockies who ran on platforms of “taking our country back”, which many minorities interpreted as rally to return to the blatant racist and bigoted polices so prevalent for so long in a system built on White Supremacy. Make a Donation at www.paypal.com

Top 5 Things To Do If You Are Pulled Over For DUI In Los Angeles

Alameda DUI Attorney — Wed, 14 Sep 2011 16:50:59 +0000

It is a very nerve racking experience. You are driving and may or may not have had a few too many drinks when you see the red and blue lights of a patrol car behind you. Thousands of thoughts race through your mind and at that point you are liable to make grave mistakes, mistakes that can effect the outcome of your DUI case (if it comes to that).

Understand one important thing, the next few minutes of interaction with police will be the subject of discussion during the course your DUI case in a criminal court as well as with the Department of Motor Vehicles (DMV). That is why knowing what to do can mean the difference between being convicted of a DUI or not.

While nothing can truly prepare you for this stressful moment, I will try to summarize some crucial points that may help an experienced representative defend your case and increase your chances for success in a criminal court, and with the DMV. 1.BE POLITE A traffic stop of any kind is one of the most dangerous and vulnerable moments for a police officer. When they suspect that a person has been drinking or under the influence of a narcotic, their anxiety level is raised tenfold. By being polite and mindful of the officers’ fear for their safety you will help the officers let their guard down and increase your chances of being treated fairly.
You should follow the officers’ instructions without delay and provide them with your name, identification and registration/insurance documents. Understand however, being polite and making incriminating statements that will later be used against you in a criminal action for DUI are two different things. This gets us to the next point below.

2.DO NOT INCRIMINATE YOURSELF WITH YOUR WORDS As discussed above when being pulled over for suspicion of DUI, you should be polite and cooperative with the officers. You do not however have to give statements that will incriminate you or give the officers cause to do a further investigation.
The question all police officers ask a person whom they suspect to be driving drunk is “Have you been drinking?” The standard answer a person who has been drinking will be: “Yes I had one beer/cocktail/glass of wine” This is the answer irrespective of if they did in fact have one drink or they took out the better part of a whiskey bottle. The police, criminal prosecutors and the criminal courts know this and by making this kind of admission you have just given the officer cause to conduct a further investigation into whether or not you have been driving drunk. Rather, you should politely state that “I have been advised that I should not answer any questions at this time” Again, I cannot overstate the need for politeness and courtesy at this juncture. The police will not like to hear that kind of answer. Nonetheless keep this in perspective: The police are in the business of arresting you for DUI charges not getting you out of them. So don’t answer any questions that will incriminate you, even if you make the officer unhappy.

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3.REFUSE A FIELD SOBRIETY TEST Stand on one leg and count to thirty in your head, follow my pencil with your eyes, walk and turn per my instructions and touch your nose are all words that you should never hear and by California law, you do not have to. Drunk driving field sobriety tests are not mandatory in California and you do not have to do them. In fact they are completely subjective in nature and will generally give the officer a reason to say you were in fact driving while under the influence.

Don’t believe me? Stand up on one leg, close your eyes, tilt your head back and estimate 30 seconds in your head. Have someone check your work. If you swayed at all or estimated 30 seconds wrong by even a little you have just given the officer reason to arrest you for DUI. Field sobriety tests never help and generally hurt the person being charged with driving under the influence later with the criminal court and the DMV. Knowing that, there really is no reason to take them. 4.TAKE A CHEMICAL TEST ONLY At the scene of the DUI, stop police will often try to stick a handheld breathalyzer machine in your mouth and get you to blow in it. The evidence obtained at the scene will later be used against you in the criminal prosecution for DUI and with the DMV. In California you are obligated to submit to a chemical test (blood/urine) but you do not have to take a breathalyzer test. Do not refuse to take any alcohol tests because this can lead to worse DUI consequences than being above the limit, but you should only agree to a chemical test.

Breathalyzer tests are unreliable and can be influenced by a police officer in order to get a result that will give them cause to arrest you for DUI. Another problem with breath tests is that the machine does not retain a sample for later inspection. A chemical test however is retained by the police and a sample may be requested by your counsel during the course of your criminal case for independent testing. I have seen many times where our laboratory will give a better result for our clients facing DUI charges than the results obtained by the police. Often times a DUI defense attorney will be able to get a person’s case dismissed or settled because they were able to get better results on the chemical DUI tests.

There is one caveat to this piece of advice however. If you have been taking any kind of drug (anything from cough medicine to heroin and everything in between) it will most likely show up on a blood or urine test. That being the case, you can then be charged with Driving Under the Influence of drugs. If you have ingested drugs on either the night of the DUI stop or close to it, it is not advisable to take a chemical test. At that point I would suggest taking a breathalyzer but at the station as opposed to the handheld machines that officers carry at the scene. Those tests are more reliable and are not as subject to manipulation by the police. 5.CONTACT LEGAL COUNSEL IMMEDIATELY Unfortunately, you do not have the right to counsel at the time of your DUI stop. Then again if you were, I would probably spend most Saturday nights driving to and from DUI stops, which would really upset my wife so maybe that’s a good thing. That is why I write this article so that if you are pulled over for suspicion of DUI you will know what to do and have your virtual DUI lawyer with you if only in spirit.

You are however, entitled to call an attorney as soon as you are processed and released after booking for DUI. There are deadlines on DUI cases such as the deadline to request a license suspension hearing with the DMV. If that deadline is missed then your license will be suspended without an opportunity to be heard. This is just one example of how important having legal counsel is.

Originally published here.

Los Angeles DUI Attorney

The Day of the Mehserle Verdict

Alameda DUI Attorney — Fri, 05 Aug 2011 18:55:59 +0000

A Documentary by Kent Kessinger. The Bay Area Rapid Transit (BART) Police shooting of Oscar Grant occurred when an unarmed civilian, Oscar Grant, was fatally shot by BART officer Johannes Mehserle in Oakland, California, United States, in the early morning hours of New Year’s Day 2009. Responding to reports of a fight on a crowded Bay Area Rapid Transit train returning from San Francisco, BART Police officers detained Oscar Grant and several other passengers on the platform at the Fruitvale BART Station. Officer Johannes Mehserle and another officer were restraining Grant, who was prostrate and allegedly resisting arrest. Officer Mehserle stood, drew his gun and shot Grant once in the back. During his court testimony, Mehserle said that Grant then exclaimed, “You shot me!”.Grant was pronounced dead the next morning at Highland Hospital in Oakland. The events were captured on multiple digital and cell phone cameras. The footage was disseminated to media outlets and to various websites, where it was watched hundreds of thousands of times. The following days saw both peaceful and violent protests. The shooting has been variously labeled an involuntary manslaughter and an execution. On January 13, Alameda County prosecutors charged Mehserle with murder for the shooting. He resigned his position and pleaded not guilty. The trial began on June 10, 2010. Michael Rains, Mehserle’s criminal defense attorney, has claimed Mehserle intended to fire his Taser, but mistakenly shot …

Get your California DUI Charges Dropped

Alameda DUI Attorney — Sun, 31 Jul 2011 16:45:59 +0000

Just because you got a DUI, it does not mean that you have to suffer from all the penalties. It is possible that you can have them dropped completely, or atleast have the charges against you decreased. Either way, it is beneficial to contest your DUI case and attempt to win your case.

A lot of factors can play a roll in the outcome of your DUI Case. There are a lot of good attorneys in California and Arizona that are able to have DUI cases dropped. The reason is because some times officers make mistakes when they are doing proceedures.

Here is a small list of reasons that your DUI charges can be dropped:

False reading from the Breath Alcohol Test Police officer failed to read you your Miranda Rights The Officer lacked probable cause for your arrest Your blood alcohol was rising after you were pulled over The officer did not watch you consistently for 15 minutes before giving you a Blood Alcohol breathalizer – if you burp or hiccup this can cause faulty numbers Mouth Alcohol can contaminate Breath Alcohol test results

There are a lot more reasons that you can have your DUI charges dropped for. You will have more chances of winning your DUI case if you have an experienced attorney helping you. Not only will they be able to find loopholes, but you can continue on with your life as they do the research and appear in court for you.

California laws are becoming more strict when it comes to getting a DUI, this is why it is important to defend your case. Pleading guilty will only give you all the charges that come with a DUI. There are even cases of people getting a DUI when they were not even driving their car. A person can receive a DUI if they are standing outside next to their car with the keys in their pocket. The officer can say that he or she had the intent to drive, and book them with a DUI. So fight against your DUI charges and get a consultation from a DUI attorney.

Originally published here.

Anthony Burton

Hayward Criminal Defense Garcia, Schnayerson & Thompson

Alameda DUI Attorney — Tue, 21 Jun 2011 18:50:59 +0000

When you need experienced defense attorneys, call Garcia, Schnayerson & Thompson in Hayward, California. Their five defense attorneys exclusively represent defendants in both state and federal courts. Their case experience ranges from minor misdemeanors to serious felonies. Call anytime to schedule your free consultation. Visit us www.yellowpages.com

What To Do If You Are Stopped For A DUI In California

Alameda DUI Attorney — Thu, 16 Jun 2011 16:42:59 +0000

If you’re stopped and the police believe that you have been drinking, the police will only be doing their job if they try to determine whether or not you’re intoxicated. There are two problems here: (1) The so-called objective tests that the police use to determine whether you’re intoxicated are extremely subjective and (2) In California, you can be considered intoxicated and in violation of the DUI laws even if your Blood Alcohol Content (BAC) is under the legal limit.

That’s right, even though the legal limit for DUI in California is .08 BAC — meaning you’re in violation of the law if your BAC is .08 or higher – you can still be convicted of a DUI if you’re under that limit!

Why, you might ask? Well because there’s a little law in California that says soâ€¦California Vehicle Code 23152(a) provides: “it is unlawful for any person who is under the influence of any alcoholic beverageâ€¦to drive a vehicle.” Therefore, if you’re have had one drink, say a .05 BAC, and happen to change a lane abruptly when you’re driving, the police may determine that you’re “under the influence” and therefore in violation of the law! (Note that there’s a separate law, California Vehicle Code 23152(b), which provides for the .08 BAC as an additional DUI charge).

To top it off, the science behind the way the BAC is calculated is questionable, leading to errors that may lead to the conclusion that you were over the legal limit when in fact you were not!

If you haven’t been drinking, cooperate with the police and they should let you go. However, if you are ever stopped and have had one or more drinks, you may want to keep the following information in mind…you might even want to print this article and keep it in your car in the event you’re pulled over and have been drinking.

1. Remain Calm And Only Provide Requested Documentation — By law you are required to show proof of insurance, a valid driver’s license and valid registration. You want to stay calm when you’re reaching for your glove box and walletâ€¦the officer will be building a case against you and being nervous and clumsy can be indicators of intoxication in the officer’s eyes. Any such information or so-called indicators of intoxication will be noted in the Police Report. So just say “Hello Officer, I will now provide you with my license, insurance and registration.”

2. Do Not Answer The Officer’s Questions — Remember, anything you say or do can be used against you. From the time that the officer pulls you over, they will pay attention to everything in order to build a case against you. The only time you should answer any questions is if you have information that would aid in your defense such as a medical condition that would cause your eyes to twitch, etc. The police assume that you will not be truthful about how much you have had to drink, so if you say something like “I’ve just had a beer” they take that to mean “I’ve just had 5 beers.” It’s not that they necessarily think you’re lying; it’s just that they believe that if you’re intoxicated, your memory will not be clear about how much you have actually had to drink. To be on the safe side, just repeatedly say: “Under the advice of my lawyer, I respectfully decline to answer that question.”

3. Never Do Any “Test” That The Police Ask You To Do — The police will ask you to follow their finger or pen to see how your pupils moveâ€¦if your pupils move in a way that the officer determines is wrong, it will be taken as evidence of intoxication. Similarly, the officer will ask you to do field sobriety tests such as walking on a real or imaginary line, balancing on one foot or touching your finger to your nose. Do NOT do any of these tests! These tests are NOT objective indicators of intoxication and are hard to perform even if you’re relaxed and in great athletic shape, let alone tired and intimidated while you have an officer shining a flashlight in your face on the side of the street! Again say “I respectfully decline your request.”

4. DO NOT BLOW INTO ANYTHING – Unless you’re under 21 years old, decline doing any type of breath test. The breath testing devices are extremely flawed and there will be no evidence to retest after you’re arrested, so don’t take them! When asked to do any type of breath test say “I respectfully decline to submit to a breath test — I will consent to a blood test.”

5. REQUEST A BLOOD TEST — If you refuse both a breath test and a blood test, you’re going to be violating another law and will automatically lose your driver’s license. Since the breath testing devices are extremely flawed, make sure you request a blood test. The officers will try to scare you into taking a breath testâ€¦they will say that you’re going to spend the night in jail and that a breath test is so much faster and easier. Don’t be fooled, it is easier — for them to arrest you more quickly. They’re planning on arresting you anyway, so you’re going to be spending the night in jail regardless! Again say “I respectfully decline to submit to a breath test — I will only consent to a blood test.”

All of this sounds easy, but if you’re pulled over you may get nervous and the officers will probably try to intimate you into answering their questions and doing their tests. Don’t give into the pressure. Remember that at the same time the officers are doing their job, you also have rights that you are entitled to. Just try to remain respectful towards the officers while keeping in mind that you’re entitled to respect of your rights as well. There’s a lot at stakeâ€¦a DUI conviction can have very serious consequences that can harm your career and family. Remember the few sentences in quotes above, be respectful to the officer, and you will be in much better shape than 99% of anyone else stopped for a DUI.

For more information about California DUI laws and additional information if you have been charged with a DUI, go to: www.DUIpartners.com.

Originally published here.

DUI Partners

Gorelick Law Offices – Have You Been Charged With Assault and Battery?

Alameda DUI Attorney — Tue, 14 Jun 2011 02:40:59 +0000

Visit www.gorelick-law.com or call (510) 785-1444 to speak with an experienced Alameda County criminal defense attorney. If you’re in Alameda or Contra Costa County and need the assistance of a skilled criminal defense attorney, contact Gorelick Law Offices, the Bay Area’s premier criminal defense firm. For over 25 years criminal defense attorney Lynn Gorelick has defended clients charged with such crimes as DUI, theft offenses, drug crimes, weapons charges, assault and battery, and more. She works diligently to ensure each client is defended with both experience and understanding. Call today to schedule your free consultation.