DUI science: it’s either right or wrong. Which is San Diego?

DUI science: it’s either right or wrong. Which is San Diego?

DUI science is very objective and very black and white.  If it’s not right, it’s wrong.  And if it’s not valid, it’s invalid.  And you simply cannot convict someone or take away their license with invalid science. We have seen a very honest trend with the California Court of Appeals, Fifth Appellate District with two cases.  The first is Najera v. Shiomoto*, from 2015, and the second is Freitas v. Shiomoto, from...

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Can the People refile felony DUI charges after dismissal?

Can the People refile felony DUI charges after dismissal?

Does Penal Code 1387 allow for the People to refile a dismissed charge as a lesser included felony after two dismissals? If your San Diego felony DUI case is dismissed…then that means it’s dismissed, never to return right?  Game over, you can relax?  Or will the criminal charges rise from their grave against you again*. The lawyer answer you’ll usually get is “well, it depends.”  It’s the same answer here,...

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Your rights if pulled over for DUI

Your rights if pulled over for DUI

Obviously, first and foremost, I promote safe driving.  Calling an Uber or a taxi is always the best way to go if you feel impaired in any way, or think you’d be even close to a level of impairment.  However, if you are pulled over, you have rights.  And you have a right to exercise those rights. Know your rights if police pull you over for DUI, as it can make or break your defense. Yes, you do have rights…even if pulled over for a...

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Yes, Brady includes witness credibility claims.

Yes, Brady includes witness credibility claims.

Yes, Brady includes witness credibility claims: Real quick: what is Brady material?  It’s basically evidence that could have helped Defendant, but the People failed to disclose.  Nooooooooooo, that doesn’t happen, right?  Our Justice System would NEVER allow for that to happen, right?  Well, here come’da Judges. This March 7, 2016 US Supreme Court case Wearry v. Cain, 136 S.Ct. 1002, shows Brady is alive and well.  Defendant...

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Eric hosts the American Chemical Society Chemistry and the Law Division

Eric hosts the American Chemical Society Chemistry and the Law Division

March has been a month of fun connections across the Nation with legal and science communities!  I got to host the American Chemical Society Chemistry and the Law Division meeting a few weeks back at my downtown office. Here’s a picture of us on the balcony. I’m not pictured…well, because someone had to take the photo, right ; ) Great diversity of attendees from Australia, Munich, Canada, Mexico City, and various US Cities....

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TJSL awards Eric “Adjunct Professor of the Year”

TJSL awards Eric “Adjunct Professor of the Year”

TJSL awards Eric “Adjunct Professor of the Year” I’ve been fortunate to win a handful of awards for wearing the ‘ol suit and tie.  But this one means so much more. This was for the Trial Practice team at Thomas Jefferson that Renee Galente and I co-taught last semester. It’s a solid program, well-led, and surrounded by other talented coaches (we were all awarded this for last semester). Our trial team was amazing,...

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