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    More decisions on implied consent as we await Arredondo

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

    More decisions on implied consent as we await Arredondo

    From February 26, 2016, the Court of Appeals of California, Sixth District decided People v. Arredondo which discussed whether implied consent for a DUI blood draw is actual consent (see 245 Cal.App.4th 186). I blogged about Arredondo here. Implied consent meaning that when you apply for a California driver license, CA DMV makes you sign into a statement saying if you’re arrested for DUI in California that you have given implied consent to submit to a chemical test. In Arredondo Defendant crashed his car, leaving him unconscious. About 90...

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    You’re factually innocent…but you must wait the statutory time to motion for it.

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

    You’re factually innocent…but you must wait the statutory time to motion for it.

    Yep, you read the heading correctly. If Police arrest you for a crime, but then you’re factually innocent for that crime, you can still make a motion for factual innocence per California Penal Code 851.8 to have your arrest records sealed and destroyed…but you must first wait the statutory period the People have to file charges against you (usually it’s 1 year from arrest for misdemeanors, and 3 years for felonies). Real quick, this is California law and may differ outside of California. Ok, let’s discuss: This is from...

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

    Posted by on April 2, 2018 in #DUIdata, Uncategorized | 0 comments

    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 constitutionality. This whole situation makes me think of the Muppets in this scene in Muppets Most Wanted when...

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    Can you get a DUI on a bicycle?

    Posted by on March 28, 2018 in #DUIdata, Community | 0 comments

    Can you get a DUI on a bicycle?

    I recently posted about whether you could be arrested, charged, or convicted for a DUI on an electric or motorized scooter. San Diego has recently blown up with these things. At the end of that blog, I also talked how the same DUI fate could happen to you for being impaired while riding a bicycle. Yes, and bicycle. San Diego has also been seeing loads more bicycles from docked dockless shared bicycles. Some would think that riding a bicycle would be way smarter and safer than driving a car while impaired…but wouldn’t you know that...

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    Can you get a DUI on one of those electric scooter things?

    Posted by on March 27, 2018 in #DUIdata | 0 comments

    Can you get a DUI on one of those electric scooter things?

    These little buddies have recently been all over downtown San Diego. Companies like Bird, LimeBike (and their scootered version Lime-S), along with Ofo, MoBike and others swept through San Diego delivering rental-and-drop bicycles and motorized scooters to all the good boys and girls. So, if you’re enjoying some adult beverages…or some legal recreational herb…and decide to take a motor scooter for a spin…can you get a DUI? First, let me say all this is only California law. States outside California may or may not be...

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    Can an incorrect ID/description of a civilian and Police trump the 4th Amendment?

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

    Can an incorrect ID/description of a civilian and Police trump the 4th Amendment?

    Can an incorrect ID/description of a civilian and Police trump the 4th Amendment? Here: yes it can. If Police detain the wrong suspect, but find bad stuff on the wrong suspect, does that violate the 4th Amendment? Well, it depends. But in this case, no it doesn’t offend the 4th. Here, Police released a “Be on the Lookout” flyer for a Penal Code 288 (lewd act on child) suspect. “The flier described the suspect as ‘WMA, Age: 30, 5’10”, 155 lbs, dark or brown shaggy hair w/beard, tan complexion, black shoes, black socks and a black...

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    Jurors deliberating on Defendant not testifying, and Courts weighing evidence against Defendant with this misconduct…is that proper?

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

    Jurors deliberating on Defendant not testifying, and Courts weighing evidence against Defendant with this misconduct…is that proper?

    Jurors deliberating on Defendant not testifying, and Courts weighing evidence against Defendant with this misconduct…is that proper? Obviously Defendant invoking the right to not testify is just as important as the law that Jurors cannot consider the fact Defendant didn’t testify. But, we’re human. So what happens when Jurors do deliberate on this. Let me boil this down, and then discuss everything in full. Because this is an interesting case, and addresses some uncharted legal waters in California regarding this issue here. The Readers...

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    Can a car passenger claim privacy regarding the searched car?

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

    Can a car passenger claim privacy regarding the searched car?

    Can a car passenger claim privacy regarding the searched car? From Brewer v. Superior Court, Court of Appeals of California, First District, Division Four, filed 11/6/17, 16 Cal App 5th 1019: It’s a new issue, and the answer is yes, a passenger can claim privacy even if he’s just the passenger of a vehicle. The issue as the Court states it: may a defendant “move to suppress evidence as the fruit of an unlawful detention even if the defendant lacked an expectation of privacy in the vehicle where the evidence was found.” “Although the high...

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    Searching behind the car dash…unreasonable?

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

    Searching behind the car dash…unreasonable?

    Searching behind the car dash…unreasonable? From People v. Zabala, Court of Appeals of California, Sixth District, filed November 13, 2017, 17 Cal App 5th 22: Is a search behind the car dash unreasonable? Yes, it can be. But here, was it supported by probable cause here? Also yes. Here, Arresting Officer see white powder under Defendant’s driver seat and baggies, both consistent with illegal narcotics. Arresting Officer “trained in recognizing how illegal drugs were packaged and transported” and “[b]ased on his training and experience, he...

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    Weed is legal in California…but driving impaired still isn’t.

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

    Weed is legal in California…but driving impaired still isn’t.

    Weed is legal in California…but driving impaired still isn’t. I should add a “no duh” at the end of that sentence. But seriously, as of January 1, 2018 with Assembly Bill 64 (Prop 64) going through, adults in California can buy marijuana for recreational purposes…and with that, here are some thoughts as they relate to driving while or after smoking marijuana in California. Note, for the law uses cannabis and marijuana interchangeably. First the laws: You cannot have an “open container” of weed while...

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