DUI, and someone else was driving? Can an investigator testify to the real driver’s statements?

DUI, and someone else was driving? Can an investigator testify to the real driver’s statements?

What happens when you’re arrested for DUI, and someone else was driving?  Or…let me take it a level deeper: what happens when you’re arrested for DUI, and the Police say you admitted to driving, that others said you were driving, but then later recanted and are trying to say you did NOT drive–that someone else drove?  When and how can that come into play? This March 30, 2017 California Court of Appeals decision People v....

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Can a Judge interact with jury deliberations?

Can a Judge interact with jury deliberations?

How much can a Judge interact with Jurors while they deliberate?  If the Jurors have questions or cannot reach a verdict, can the Judge answer questions?  If so, to what extent?  This August 15, 2016 Cal Supreme Court decision People v. Nelson gives some guidance (and why I used the picture of Conte intercepting a pass). The facts of Nelson: While this can happen in any San Diego DUI or criminal trial, Nelson  is a murder case where the Jurors...

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You want blood? Get a warrant. Birchfield v. South Dakota

You want blood? Get a warrant. Birchfield v. South Dakota

Breath, blood, and warrants…oh my! The US Supremes drop another big decision related to DUIs: Birchfield v. South Dakota, 2016 WL 3434398.  The main question is whether DUI breath and blood testing violate the 4th Amendment against unlawful search and seizure when an officer does not obtain a warrant.  The quick answer is a warrant is not required for breath testing, but IS required for blood testing.  Even with implied consent laws*....

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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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