The case was dismissed for the unlawful detention of my client, the driver. At the hearing on the motion to dismiss, the prosecutor failed to establish a constitutionally sufficient basis to uphold the stop based upon the radio report and simple math disproved the officer’s claim of speeding.
This matter involved complex, intensive litigation over 3.5 years, 2 preliminary hearings, a dismissal for failure to disclose Brady evidence, a lengthy trial, and a double jeopardy motion granted. Charges were dismissed multiple times. On February 8, 2015, a trial judge ended a tortuous 3 year 7 months battle in “Recent Successful Case Result: Vehicular Manslaughter, Felony Driving Under the Influence of Alcohol”
As a result of campaigns by groups such as Mothers Against Drunk Driving, or MADD, to raise public awareness about the risks associated with drinking and driving, the laws relating to driving under the influence, or DUI, have changed dramatically across the United States over the past several decades. Specifically, “Possible Penalties for a Driving Under the Influence Conviction in California”
In the State of California it is illegal to operate a motor vehicle while you are under the influence of any alcoholic beverage. It is also illegal to drive with a blood alcohol concentration, or BAC, of 0.08 percent or higher. While it is certainly beneficial for a motorist to “How Much Do You Have to Drink Before Exceeding the Legal Limit in California?”
If you have been arrested and charged with driving while intoxicated, or another alcohol related driving offense, in the State of California you are likely already aware of the harsh judicial and non-judicial penalties you face if convicted. The days of getting a “slap on the wrist” for drunk “What Is Meant By a Rising BAC Defense?”
As a motorist it is probably your worst nightmare scenario aside from a collision – looking in your rearview mirror and seeing the flashing lights and knowing that you had a glass of wine or chugged a beer before you got behind the wheel of your vehicle. Most likely, the “What Happens If You Refuse a Chemical Test in California?”
Fortunately, you might qualify for a hardship license in California if you find your license suspended.
There are some very harsh penalties that are imposed if you are convicted of a DUI charge in the state of California. You are faced with significant fines and penalties that can take a bite out of your wallet, and jail time is also going to enter the equation. These “California DUI: When Can I Get My License Back?”
Being stopped on suspicion of driving under the influence, or DUI, can be a frightening experience for anyone. If you are subsequently arrested and charged with DUI in San Diego the arresting officer will likely request that you submit to a chemical test, typically a Breathalyzer (not to be confused “Should I Blow When Arrested for DUI in San Diego?”
When a police officer arrests you for DUI in San Diego, California law allows him to request that you submit to a blood or breath test. If however, neither of these are available, the officer has the right to request a urine sample from you. Knowing your rights when it “DUI in San Diego: Do I Have to Give Urine for a DUI If Asked?”