I recently posted about whether you could be arrested, charged, or convicted for a DUI on an electric or motorized scooter. San Diego has recently blown up with these things. At the end of that blog, I also talked how the same DUI fate could happen to you for being impaired while riding a bicycle. Yes, and bicycle. San Diego has also been seeing loads more bicycles from docked dockless shared bicycles. Some would think that riding a bicycle would be way smarter and safer than driving a car while impaired…but wouldn’t you know that...read more
These little buddies have recently been all over downtown San Diego. Companies like Bird, LimeBike (and their scootered version Lime-S), along with Ofo, MoBike and others swept through San Diego delivering rental-and-drop bicycles and motorized scooters to all the good boys and girls. So, if you’re enjoying some adult beverages…or some legal recreational herb…and decide to take a motor scooter for a spin…can you get a DUI? First, let me say all this is only California law. States outside California may or may not be...read more
Jurors deliberating on Defendant not testifying, and Courts weighing evidence against Defendant with this misconduct…is that proper?
Searching behind the car dash…unreasonable? From People v. Zabala, Court of Appeals of California, Sixth District, filed November 13, 2017, 17 Cal App 5th 22: Is a search behind the car dash unreasonable? Yes, it can be. But here, was it supported by probable cause here? Also yes. Here, Arresting Officer see white powder under Defendant’s driver seat and baggies, both consistent with illegal narcotics. Arresting Officer “trained in recognizing how illegal drugs were packaged and transported” and “[b]ased on his training and experience, he...read more
The Sanchez hearsay rule, and the “compilation” exception. People v. Mooring, 9/27/17 This rule of hearsay in California continues to exercise its legs from our California Supreme Court decision People v. Sanchez. The final sha-bang with Sanchez is whether an expect can opine on a single, fact-specific hearsay (out of court statement) when testifying. And their holding was that single, fact-specific opinions like this are hearsay and not admissible. Well, what if the expert is making this pin-point hearsay statement…but that...read more