#DUIdata (Blog)

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...

read more

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...

read more

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...

read more

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...

read more

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....

read more

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...

read more

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...

read more

Eric continues publishing articles and chapters on DUI science and law

Posted by on February 12, 2016 in #DUIdata, Community | 0 comments

Eric continues publishing articles and chapters on DUI science and law

Eric continues publishing articles and chapters on DUI science and law: 2016 is off to a great start with some of my new publications about DUI law, science, and procedure.  I’m very humbled and honored to have authored a chapter for the newest edition of “Inside the Minds” series of Understanding of Scientific Evidence.  Other authors include the most talented and educated DUI experts and attorneys across the nation. I’ve also excited for my other articles.  One is in the State Bar of California publication where...

read more

Must a Court dismiss after 3 mistrials?

Posted by on February 10, 2016 in Uncategorized | 0 comments

Must a Court dismiss after 3 mistrials?

Must a Court dismiss after 3 mistrials? One, two, THREE wonderful mistrials!  This question from the January 11 Court of Appeal decision People v. Verducci (243 Cal.App.4th 952) is fitting since we just passed Groundhog’s Day (“Ned… Ryerson. ‘Needlenose Ned?’ ‘Ned the Head?’ C’mon, buddy.”). Defendant was convicted of murder after juries deadlocked after the first 3 trials.  Let’s take a look at the scoreboards.  Trial One, 8 for guilt.  Trial Two, 11 for guilt.  Trial Three, only 3 for guilt.  Defendant claims Double Jeopardy and...

read more

Is it a detention if you voluntarily give Police your ID?

Posted by on December 18, 2015 in #DUIdata | 0 comments

Is it a detention if you voluntarily give Police your ID?

Is it a detention if you voluntarily give Police your ID? The 4th Amendment protects against unlawful searches and seizures.  But does this protection come into play if the encounter starts as a consensual one?  Where it’s a friendly interaction with the police–one that you initially consent to?  It all revolves around whether this contact would be deemed a “detention” and this October 8, 2015 California Court of Appeals decision People v. Linn (cited as 193 Cal.Rptr.3d 342) addresses this. The initial law regarding...

read more