Arizona DUI Bill May Have New Life

Luige del Puerto of the Arizona Capital Times is reporting that a proposed DUI Bill recently vetoed by Governor Janet Napolitano may have new life. The Arizona Capital times article states:

Lawmakers said they have found a way to revive a vetoed drinking-and-driving bill, minus the provision that prompted its rejection by the governor. The provisions of H2395 will be offered as a floor amendment to a House measure that deals with liquor licensing, lawmakers said. H2395 was vetoed by Gov. Janet Napolitano April 29.

This time, however, it doesn't include a provision that called for a six-month reduction of the interlock penalty for first-time offenders who met certain conditions. Napolitano has said the penalty reduction was the reason for her veto.

Sens. Linda Gray of Glendale and Jim Waring of Phoenix said the move has the support of House Speaker Jim Weiers and added they anticipate no problems for the amendment. The amendment would:

*Require the State Treasurer to deposit 5 percent of modified restaurant license fees into the DUI Abatement Fund.

*Increase penalties for operating a watercraft while intoxicated, bringing some parity between driving a motor vehicle and operating a watercraft.

*Fix a discrepancy in statute that arose from the passage of the DUI bills last year.

*Require DUI offenders to submit to alcohol screening, education and treatment before a suspended license will be returned.

*Expand the circumstances in which a police officer may serve a license-suspension order.

Field Sobriety Tests in California. I can’t fail!

They look so simple.  Easy tasks to perform.  You're sober anyway.  You can't fail the Field Sobriety tests. Wrong.  How can you fail one of the tests?  Let's look at some possibilities.

Nystagmus test:  The officer wil check your eyes.  You fail if your eyes are trembling or jerking as you follow the officer's finger or a pencil.

Standing on one leg test:  Easy, right?  The officer will look for failure such as beginning the test too early, losing count, losing your balance, falling over, or displaying poor coordination.

Walk and turn test:  Again, you fail if you start too early, step off the imaginary line, lose count, or put any space between your heel and toe.

Finger to nose test:  Close your eyes, extend your arms, and touch your nose with your finger.  You fail, obviously, if you miss your nose.  Also, you fail if you start too early, have trouble keeping balance, or have any muscle tremors.

Short of falling down, the officer will look for any failure, however insignificant.  A California DUI attorney can go through these tests at a trial to show a jury just how impossible they are.

 

Field Sobriety Tests in California. I can’t fail!

They look so simple.  Easy tasks to perform.  You're sober anyway.  You can't fail the Field Sobriety tests. Wrong.  How can you fail one of the tests?  Let's look at some possibilities.

Nystagmus test:  The officer wil check your eyes.  You fail if your eyes are trembling or jerking as you follow the officer's finger or a pencil.

Standing on one leg test:  Easy, right?  The officer will look for failure such as beginning the test too early, losing count, losing your balance, falling over, or displaying poor coordination.

Walk and turn test:  Again, you fail if you start too early, step off the imaginary line, lose count, or put any space between your heel and toe.

Finger to nose test:  Close your eyes, extend your arms, and touch your nose with your finger.  You fail, obviously, if you miss your nose.  Also, you fail if you start too early, have trouble keeping balance, or have any muscle tremors.

Short of falling down, the officer will look for any failure, however insignificant.  A California DUI attorney can go through these tests at a trial to show a jury just how impossible they are.

 

Field Sobriety Tests in California. I can’t fail!

They look so simple.  Easy tasks to perform.  You're sober anyway.  You can't fail the Field Sobriety tests. Wrong.  How can you fail one of the tests?  Let's look at some possibilities.

Nystagmus test:  The officer wil check your eyes.  You fail if your eyes are trembling or jerking as you follow the officer's finger or a pencil.

Standing on one leg test:  Easy, right?  The officer will look for failure such as beginning the test too early, losing count, losing your balance, falling over, or displaying poor coordination.

Walk and turn test:  Again, you fail if you start too early, step off the imaginary line, lose count, or put any space between your heel and toe.

Finger to nose test:  Close your eyes, extend your arms, and touch your nose with your finger.  You fail, obviously, if you miss your nose.  Also, you fail if you start too early, have trouble keeping balance, or have any muscle tremors.

Short of falling down, the officer will look for any failure, however insignificant.  A California DUI attorney can go through these tests at a trial to show a jury just how impossible they are.

 

Judge Suppresses Use of DUI Breath-Test Evidence

Kim Smith of the Arizona Daily Star has reported that a Tucson City Court judge has ruled prosecutors cannot use the results of breath tests administered to 49 people scheduled to be tried before him on DUI charges. Her article states:

If other judges agree with Judge Thomas Berning, prosecutors could find it hard to prosecute thousands of other DUI cases locally and statewide. "I'm optimistic the other judges will agree with Judge Berning. It's a well-written decision," said defense attorney Joe St. Louis.  "This could be really big."

Last year, law-enforcement officers across Arizona began administering breath tests to suspected drunken drivers using a new machine called the Intoxilyzer 8000, St. Louis said. Almost immediately, defense experts realized the machines were sometimes providing "weird" or inexplicable results, St. Louis said.

In order to figure out what was going on, the experts said they needed to see the machines' "source card" or software. The software would also enable the experts to determine whether the results were accurate and reliable, St. Louis said.

 

 "It's a Sixth Amendment issue," St. Louis said. "Defendants have the right to cross-examine and confront their accusers." Defense attorneys began demanding the software from prosecutors, arguing they have a constitutional right to the information. Because prosecutors revealed they didn't have access to the software, Berning ordered the machine's manufacturer, CMI, to provide the software.

When CMI refused, defense attorneys filed a motion on behalf of 49 defendants asking Berning to dismiss their cases completely, suppress the results of the breath tests or assess monetary damages against CMI. Prosecutors told Berning the software is "proprietary" and can't be ordered disclosed, and the law doesn't allow for the evidence to be suppressed. They also argued they had given defense attorneys everything they had in their possession. Late last week, Berning ruled the results of the breath tests should be withheld from jurors.

Prosecutors will still, however, be able to provide jurors other evidence that could prove a defendant's guilt, such as the results of field-sobriety tests, St. Louis said. Although she can't comment on pending litigation, city prosecutor Laura Brynwood said she plans to appeal the judge's decision.

Fighting DUIs in California: How Much Does it Really Cost?

You have just been released from jail after your arrest for DUI.  You will now be charged by the District Attorney, and you will go to court.  Besides the emotional costs that you are now suffering, there are other costs to prepare for.

The obvious initial costs will be hiring a DUI attorney.  Even if you choose to fight the DUI on your own, there are other costs to expect:  Fines, penalties and surcharges.  The costs of a DUI alcohol treatment program.  The costs involved in losing your license, and in getting your license back.  You may have to install an ignition interlock device.  Your automobile insurance will go up.

What can you do to avoid these costs?  The best way to attempt to avert these costs is to not go it alone.  Hire a qualified California DUI attorney immediately, and try to keep your costs limited to the legal fee.  Hopefully, if you are successful, the other costs will go away.

Fighting DUIs in California: How Much Does it Really Cost?

You have just been released from jail after your arrest for DUI.  You will now be charged by the District Attorney, and you will go to court.  Besides the emotional costs that you are now suffering, there are other costs to prepare for.

The obvious initial costs will be hiring a DUI attorney.  Even if you choose to fight the DUI on your own, there are other costs to expect:  Fines, penalties and surcharges.  The costs of a DUI alcohol treatment program.  The costs involved in losing your license, and in getting your license back.  You may have to install an ignition interlock device.  Your automobile insurance will go up.

What can you do to avoid these costs?  The best way to attempt to avert these costs is to not go it alone.  Hire a qualified California DUI attorney immediately, and try to keep your costs limited to the legal fee.  Hopefully, if you are successful, the other costs will go away.

Fighting DUIs in California: How Much Does it Really Cost?

You have just been released from jail after your arrest for DUI.  You will now be charged by the District Attorney, and you will go to court.  Besides the emotional costs that you are now suffering, there are other costs to prepare for.

The obvious initial costs will be hiring a DUI attorney.  Even if you choose to fight the DUI on your own, there are other costs to expect:  Fines, penalties and surcharges.  The costs of a DUI alcohol treatment program.  The costs involved in losing your license, and in getting your license back.  You may have to install an ignition interlock device.  Your automobile insurance will go up.

What can you do to avoid these costs?  The best way to attempt to avert these costs is to not go it alone.  Hire a qualified California DUI attorney immediately, and try to keep your costs limited to the legal fee.  Hopefully, if you are successful, the other costs will go away.

Implied Consent in California

Once you have been taken to the police station in California, you will be asked to take a test to measure your blood alcohol content.  Can you refuse to take the test?

In California, as well as other states, there is an "Implied Consent" law.  The law states that by driving a motor vehicle in California, you have already given your consent to take a test.  Going back on your word by refusing to take a test will result in your driver's license being suspended for a longer period of time. 

The officer will read you an advisory about the test, and in this advisory is the warning about the consequences of not taking a test.  Pay attention to the advisory, and look to whether the officer correctly communicated your rights, misleads you, exagerates the penalties, or makes any threats or inducements.  If he or she does, then a judge may throw out the results of any test you decide to take.

The decision is ultimately yours.  If you believe you are not intoxicated, take the test.  If you are unsure, or are quite intoxicated, and are not concerned about the loss of your license, then you need to weigh the test versus the consequences of not taking the test.

 

Implied Consent in California

Once you have been taken to the police station in California, you will be asked to take a test to measure your blood alcohol content.  Can you refuse to take the test?

In California, as well as other states, there is an "Implied Consent" law.  The law states that by driving a motor vehicle in California, you have already given your consent to take a test.  Going back on your word by refusing to take a test will result in your driver's license being suspended for a longer period of time. 

The officer will read you an advisory about the test, and in this advisory is the warning about the consequences of not taking a test.  Pay attention to the advisory, and look to whether the officer correctly communicated your rights, misleads you, exagerates the penalties, or makes any threats or inducements.  If he or she does, then a judge may throw out the results of any test you decide to take.

The decision is ultimately yours.  If you believe you are not intoxicated, take the test.  If you are unsure, or are quite intoxicated, and are not concerned about the loss of your license, then you need to weigh the test versus the consequences of not taking the test.

 

Next Page »