#DUIdata (Blog)

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

Posted by on September 22, 2016 in #DUIdata | 0 comments

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 September 14, 2016. Both cases deal with how blood is tested (usually) for DUI cases–the method of gas...

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

Posted by on July 12, 2016 in Uncategorized | 0 comments

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*. Birchfield was a consolidation of 3 cases: Birchfield: Birchfield consented to a roadside pre-arrest breath...

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Can the People refile felony DUI charges after dismissal?

Posted by on May 27, 2016 in #DUIdata, Uncategorized | 0 comments

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, the Cal Supremes decided a new issue regarding this in their March 17, 2016 decision People v. Juarez,...

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Your rights if pulled over for DUI

Posted by on May 5, 2016 in #DUIdata | 0 comments

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 DUI.  Many people make their case against themselves by speaking to the cops, so here is a quick...

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Yes, Brady includes witness credibility claims.

Posted by on April 12, 2016 in #DUIdata, Uncategorized | 0 comments

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 was convicted of capital murder and sentenced to death.  Well, we can rest assured knowing he got a...

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Eric hosts the American Chemical Society Chemistry and the Law Division

Posted by on March 28, 2016 in #DUIdata, Community | 0 comments

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.  Special thanks to Justin McShane for chairing this Committee! About the author, San Diego DUI lawyer...

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TJSL awards Eric “Adjunct Professor of the Year”

Posted by on March 28, 2016 in #DUIdata, Community, Uncategorized | 0 comments

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, and the students really jumped in and soaked up the trial methods we taught.  It was a load of work...

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SDPD asks Eric to speak at the Nationwide Lifesavers Conference.

Posted by on March 28, 2016 in #DUIdata, Community | 0 comments

SDPD asks Eric to speak at the Nationwide Lifesavers Conference.

SDPD asks Eric to speak at the Nationwide Lifesavers Conference. So this was a huge honor to get this phone call.  SDPD Officer Mark McCullough, who I have cross examined many times at motions, hearings, and trials invited me to speak at the 2016 Lifesavers Conference. Lifesavers is the largest gathering of highway safety professionals. We’ll be doing a mock trial, where I’ll again get to cross examine Officer McCullough. I’m incredibly humbled to have earned his respect, and to be invited to be a part of this presentation....

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Can you be convicted of a Drug DUI from withdrawal symptoms?

Posted by on March 11, 2016 in #DUIdata, Uncategorized | 0 comments

Can you be convicted of a Drug DUI from withdrawal symptoms?

Can you be convicted of a Drug DUI from withdrawal symptoms? We just got this semi-recent case* handed down**, and the answer is yes.  If you do whatever drug(s), and then are feeling withdrawals, or impairment (to a certain legal level that can be proved beyond all reasonable doubt), then you may have just won yourself a Drug DUI conviction. Ok, let me give some background and then I’ll explain the issue and answer. What is a drug DUI? California Vehicle Code 23152(e) makes it illegal to drive a vehicle “under the influence of...

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Can you give DUI “implied consent” when unconscious?

Posted by on March 9, 2016 in #DUIdata | 0 comments

Can you give DUI “implied consent” when unconscious?

Quick update on this blog/case. So it’s on appeal right now…so we’ll see if it remains as law or gets overturned…  As of 10/28/16, we still haven’t seen the decision. Anywho, here’s the original info from this case: Can you give DUI “implied consent” when unconscious? “Implied consent” means that you have already agreed to submit to a breath or blood test if investigated for DUI just simply because you are a licensed driver in California.  It’s a requirement when you sign up...

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