#DUIdata (Blog)

Fake Friending by Police does not violate the 4th Amendment. People v. Pride.

Posted by on February 15, 2019 in #DUIdata | 0 comments

Fake Friending by Police does not violate the 4th Amendment. People v. Pride.

In this January 10, 2019 decision People v. Pride*,  an undercover officer posed as someone, sent Defendant a friend request…and then after a crime, Defendant posted something incriminating on his social media. The officer saw that post without using a warrant, as he was a “friend.” His account was private–open to only the people whose friend request Defendant accepted. And the posts disappeared after a period of time. Well, here comes trial and the People used that post to convict Defendant. Defendant claims this...

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Is Counsel’s concession of guilty during Opening a guilty plea?

Posted by on February 6, 2019 in #DUIdata | 0 comments

Is Counsel’s concession of guilty during Opening a guilty plea?

The People charged Defendant with DUI Murder, Hit and Run, among other allegations. In Defense Counsel’s Opening, he stated Defendant caused the accident, and hit and ran. Specifically Counsel said Defendant “’caused the accident. No dispute. And then he drove away.’ A few moments later, he conceded, ‘As to the hit and run, he’s guilty of it; I’ll say that again at the end. There are no games being played here…. But he’s not guilty of murder.’” Hm, so is this the same as a guilty plea to that crime? To start,...

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New DUI IID laws for 2019

Posted by on January 4, 2019 in #DUIdata, Uncategorized | 0 comments

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 different levels of DUIs (ie 1st or 2nd offense, wet reckless, felony DUI, etc.). The vehicle code...

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

Posted by on October 16, 2018 in #DUIdata, Uncategorized | 0 comments

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 exception applies when a suspect is compelled to undergo BAC testing but given a choice as to what form...

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

Posted by on October 12, 2018 in #DUIdata, Uncategorized | 0 comments

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 on how those laws work. And it also discusses what type of response is inappropriate for a Judge to...

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

Posted by on October 10, 2018 in #DUIdata, Uncategorized | 0 comments

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 counts of DUI. Jurors say they have a verdict. The Clerk reads the verdict as written: guilties....

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The new mental diversion applies retroactively. People v. Frahs

Posted by on October 4, 2018 in #DUIdata | 0 comments

The new mental diversion applies retroactively. People v. Frahs

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. From this September 28, 2018 decision People v. Frahs*, the rule is this mental health diversion law...

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

Posted by on October 3, 2018 in #DUIdata | 0 comments

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 sentencing. Defendant took issue with this and “strenuously” objected through the trial while Counsel was...

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Thoughts on the SB 10 California bail law changes.

Posted by on August 29, 2018 in Uncategorized | 0 comments

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 little clunky to read, but makes it much easier to track the exact language of what the law will...

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Automobile v. Curtilage Search…which wins? Collins v. Virginia

Posted by on August 20, 2018 in #DUIdata | 0 comments

Automobile v. Curtilage Search…which wins? Collins v. Virginia

Let’s start with the 4th Amendment, as it protects against warrantless, unlawful searches. However, we have some exceptions within the 4th Amendment: one being the warrantless search of an automobile. Generally automobiles have less Constitutional protections than do homes, with one of the main reasons is the “ready mobility” of a vehicle. There are other protections and rules in place, but generally “officers may search an automobile without having obtained a warrant so long as they have probable cause to do so.” Ok, but what if the vehicle...

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