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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Thoughts on the SB 10 California bail law changes.

Thoughts on the SB 10 California bail law changes.

August 28, 2018 Governor Brown signed SB 10, which is set to become law October 1, 2019. You can read the full text of SB 10 here and what will become new sections of the California Penal Code. But I’ll step through some of the main points to understand, as this will greatly change our bail laws and system in California. As I step through this, I’ll give the new California Penal Code sections where the language lives. It makes it a...

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Can you plead guilty, THEN appeal on grounds of unconstitutionality?

Can you plead guilty, THEN appeal on grounds of unconstitutionality?

The US Supreme Court just laid out this issue: Does a guilty plea by itself bar a federal criminal defendant from challenging the constitutionality of the statute of conviction on direct appeal? Restated: if you plead guilty to doing “it”… but “it” was not illegal…can you appeal and challenge the prosecution as being unconstitional? The US Supremes say even if you plead guilty, you can still appeal a conviction on the challenge of...

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