New DUI IID laws for 2019

New DUI IID laws for 2019

Starting January 1, 2019, new laws as they relate to ignition interlock devices (in-car breathalyzers) came into effect in California. This comes from Senate Bill 1046. SB 1046 is effect January 1, 2019 until January 1, 2026 when some parts will sunset and other laws will come into effect. There are many, many updates to the Vehicle Code for all of this. So I’ll just hit the main points as they relate to what happens after a conviction of...

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Update in whether a DUI blood draw requires a warrant. People v. Gutierrez

Update in whether a DUI blood draw requires a warrant. People v. Gutierrez

This 10/2/18 People v. Gutierrez* case comes down within a legal window left open from the 2016 US Supreme Court decision of Birchfield**. Birchfield held a breath test after a DUI arrest does not require a warrant but a blood test does…unless there is an exception to the warrant requirement (exigent circumstances, consent, or search incident to arrest). But what “Birchfield does not address is how the search-incident-to-arrest...

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What role can a Judge play when Jurors ask a question during deliberations? People v. Fleming

What role can a Judge play when Jurors ask a question during deliberations? People v. Fleming

This is not uncommon at all in criminal trials: the Jurors begin deliberation and they get stuck and need clarification. Now, they can’t (well, are not supposed to..) just phone-a-friend or ask the Court Bailiff… But there are formal rules where they can write questions to the Judge, have the Judge talk with the attorneys, and get written responses back from the Judge. This September 27, 2018 case People v. Fleming* is a solid recap...

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A spoken verdict trumps a written one. People v. Bailey

A spoken verdict trumps a written one. People v. Bailey

Criminal cases must reach a unanimous decision. Yep, we know that. But HOW the verdict is given: that’s what this September 20, 2018 case People v. Bailey* discusses. Or more directly: the verdict is first written on a verdict form…but what if any Juror gives a different verdict verbally in Court? Which is the true verdict? Bailey rules the spoken verdict is the true one. Let’s dive in: Facts in Bailey: Criminal case with 2...

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Does mental diversion (Penal Code 1001.36) apply retroactively?

Does mental diversion (Penal Code 1001.36) apply retroactively?

We’re starting to get case law decisions from Appellate Courts about the Mental Health Diversion Law (California Penal Code 1001.36, from AB 1810) Governor Brown inked this bill late June 2018 and it became effective June 27, 2018. You can see my blog about that law, although there seem to be some amendments being made to it. One question frequently asked is whether this law will apply only going forward? Or will it apply to older cases....

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Think you’re innocent? You get to argue that. McCoy v. Louisiana

Think you’re innocent? You get to argue that. McCoy v. Louisiana

The quick rule here is if Defendant thinks he’s innocent, then he gets to claim and argue his innocence. Even if his lawyer thinks it’s a better strategy to admit guilt. This is from the May 14, 2018 US Supreme Court decision McCoy v. Louisiana (138 S Ct 1500) where Defendant was facing the death penalty for allegedly murdering a family. Defense Counsel advised to admit guilt at the trial phase and argue for something less than death at...

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