Los Angeles County Criminal Lawyer Blog

As previously discussed on our Los Angeles County Criminal Lawyer Blog, faulty breathalyzers frequently lead to reduced or dismissed DUI charges in Ventura and elsewhere in Southern California.

The San Jose Mercury News reports that after a review of more than 800 DUI cases, Santa Clara County prosecutors have already begun dropping charges against suspects. According to the story, it's possible that 42 cases will be dropped.

While that's only about five percent of the cases, it proves Ventura County DUI Lawyers can successfully move to dismiss DUI cases with problem evidence.

The review of cases started earlier in May when prosecutors realized that the Alco-Sensor V breathalyzer device used by San Jose and Palo Alto police may have been giving incorrect readings because of a manufacturer's defect. The defect allowed condensation to build up in the tube that suspected drunk drivers blow into. Ventura County authorities were the first to spot the problem, in April.

The newspaper reports that about 7,000 people are arrested for DUI every year in Santa Clara County and many may have already entered guilty or no contest pleas, paid fines, served jail time and had to adhere to other conditions even though they weren't guilty. Under California Law, first-time DUI offenders can spend up to six months in jail, have to pay up to $1,000 in fines, have their driver's license suspended for six months, attend DUI school and possibly have an ignition interlock device installed on their vehicle.

According to the newspaper, in most DUI arrests, suspects provide blood or urine samples at the police station, which are used most often at trial. But in some cases, police didn't ask for a second test or drivers refused, leaving less evidence for prosecutors to use against them.

Refusing a breath test will result in losing a driver's license, but you can challenge that and within 10 days of your arrest have an Administrative Per Se Hearing. If you refuse a breath test, blood test or other chemical test, the hearing officer must determine whether you were properly informed of the consequences of refusing to give a test to police.

According to research by a State University of New York at Potsdamn professor, breathalyzers don't "measure" blood-alcohol content, but they only "estimate" it. He said breathalyzer results can easily be manipulated and incorrectly read.

These are all complex matters and shouldn't be taken lightly. If you or a loved one is arrested and charged with DUI, don't go about it alone. Trust an experienced DUI attorney who will fight to protect your rights and work for the best possible resolution in your case.

Continue reading "DUI Dismissals Expected Because of Faulty Breathalyzers in Ventura County and Elsewhere" »

Memorial Day weekend is approaching and it's likely you and your family will be on the move, according to AAA. The agency predicts nearly 35 million motorists will be driving 50 miles or more from home during the holiday weekend.

That also means that law enforcement will be on the road looking to ensnare drivers in DUI checkpoints, roadblocks and other efforts. If you are charged with DUI this weekend, contact a Ventura DUI Lawyer to plan out the best defense for your individual case.

Although gas prices have steadily declined in Orange County over the last few weeks, the average price for regular fuel still hovers above $4 per gallon. Despite prices being up nationwide, AAA predicts about 100,000 more travelers will take to the roads and highways for the three-day weekend.

And law enforcement will be ready. Consider these statistics from the California Office of Traffic Safety: During the last two years, Memorial Day DUI arrests have increased in Southern California.

During the Memorial Day weekend last year, 1,195 DUI arrests were made by law enforcement in Los Angeles, Riverside, San Bernardino and Ventura counties. In 2009, the number was 830, a 44 percent increase. In Orange County, law enforcement made 139 DUI arrests, but 2009 data isn't available.

Needless to say, drivers should be careful this weekend. Law enforcement including the California Highway Patrol, will be out in large numbers handing out traffic violations.

Drivers shouldn't take DUI lightly. In California, the penalties for DUI can be steep. Even for a first offense, a driver can spend up to six months in jail. Most people, especially in this economy, wouldn't be able to afford to lose their jobs, which can also be a consequence of conviction. That's on top of fines and fees, paying for and attending DUI school and losing your license for up to six months.

Continue reading "Memorial Day DUI Arrests Require Swift Action and Aggressive Defense" »

The Los Angeles Times is reporting that two people, one of whom is suspected of being a gang member, were recently arrested and charged with cultivating $2.5 million worth of marijuana.

Though marijuana is considered by most to be a gateway drug, charges involving the drug can carry extreme penalties in California. That's why a strong criminal defense in Simi Valley is important.

According to The Times, sheriff's deputies seized two caches of plants and dried marijuana in a commercial building fronting as a consultant's office on South Date Avenue in Alhambra. Inside, authorities found more than 440 plants, 150 pounds of dried marijuana, cultivation equipment and guns, the story says.

Authorities believe one of the two arrested was a member of Wah Ching, an Asian gang known for narcotics and weapons trafficking.

While the story says sheriff's detectives were working on a month-long investigation after a tip, it doesn't say why they felt they had the authority to raid an office building. As in any case involving a search, it's possible the search and seizure was done illegally by police.

When police riffle through your car, barge into your home or business or search your clothes, there are specific rules they must follow. Law enforcement must have probable cause, which is the belief that a crime has been committed and a reasonable certainty that you committed it, in order to conduct a search.

In cases involving a warrant, an officer must swear under oath to a judge that the information is accurate. If the officer misleads the judge, it could be grounds to dismiss the case.

These aren't matters that should be taken lightly. An experienced Ventura defense lawyer is like a checks and balance system for the police and the court. These are issues that an attorney should bring up before, and possibly during, trial.

If you are facing criminal charges that stem from a search and seizure, it is best to remain silent and contact a Pasadena drug defense lawyer immediately. Often, statements made by defendants can be more damaging than what police find in your possession or inside your house or business.

Many mistakenly believe charges involving marijuana are no longer serious -- both because of the state's medical marijuana law and because possession of less than an ounce has essentially been decriminalized. However, marijuana charges in Ventura and the surrounding area are still quite serious, particularly when cultivation or distribution is alleged. And any charges to which gang enhancements are attached carry more serious penalties for conviction.

Continue reading "Los Angeles Sheriff Arrests Two Accused of Marijuana Production" »

Faulty breathalyzers used in hundreds of San Jose police DUI arrests may lead to drivers walking free even if they were drunk behind the wheel, the Mercury News reports.

Los Angeles DUI Defense Lawyers understands that law enforcement throughout Southern California continues to use breathalyzers in an effort to cut down on drunken drivers. But these devices have proven to be faulty and can be challenged in court.

Under California Law, a drunken driving conviction can impact your ability to drive, result in serious fines and jail time, often carries with it probation and other stipulations that can lead to additional consequences if violated, and can even impact your ability to remain employed or hold certain types of jobs in the future.

Breathalyzers are one of the methods used by police to determine whether to arrest a driver accused of driving while intoxicated. In the San Jose breathalyzer problem, the Alco-Sensor V breathalyzer sometimes showed incorrect readings because of a manufacturer's error that can cause condensation to build up in the tube.

But the review in San Jose originated after crime lab officials, prosecutors and police in Ventura County began reviewing hundreds of similar cases in recent weeks.

The Santa Clara County District Attorney's Office announced it would review the 865 DUI cases where the breathalyzers were used to determine how many it would drop because of problems with the devices. The devices are also used by Palo Alto police, though it's unclear how many DUI defendants may be affected there.

It's possible that cases in which a DUI defendant blows into the device but later refuses to give a blood test are now up in the air because authorities would lose their key piece of evidence. And there are likely cases where already-convicted defendants have served their punishment.

The penalty for a first misdemeanor DUI conviction is typically a $2,000 fine, 48 hours of jail or community service and DMV classes. Repeat offenders can serve years in prison, depending on the person's criminal history and severity of the charges.

When police pull over a suspected drunken driver, they put the motorist through a list of tests, such as walking a straight line or standing on one foot and they look to see whether a driver's head is bobbing or eyes are bloodshot and whether they smell like alcohol. At the end, drivers usually blow into a handheld breathalyzer. Police believe the bevy of tests may still save many of the DUI cases. As a motorist, it is up to you whether or not you participate in such testing. Failure to submit to testing will result in the automatic suspension of your driver's license but you will also be denying the state one of the key pieces of evidence it will use against you in court.

Continue reading "Faulty Breathalyzers Can Be Challenged in Los Angeles DUI Cases" »