It is most universally accepted that the indicators of intoxication are fatally flawed because sober individuals can be characterized as drunk drivers. According to legislative findings, there are approximately 60 pathological conditions that exhibit symptoms of alcohol consumption, despite the lack of alcohol being present. Alcohol symptoms may be the product of illness or medication, insulin overdose or deficiency, nervous system injuries, concussions, or hypoglycemia. Nevertheless, officers are adamant that their observations conclusively prove intoxication. [Read more…]
California Department of Motor Vehicles, Administrative hearing, and the criminal court are independent entities, and actions taken by the criminal court are separate from actions taken by the DMV. A DMV Administrative hearing allows a person that received notification of an action taken against their driving privilege to contest the action.
Motorists charged with for example, a DUI, driving under the influence of drugs, or reckless driving generally receive such notifications from the DMV. If you have received a notice from the DMV of actions taken against your driving privileges and you wish to contest the judgement, you must request an administrative hearing within 10 days of receiving personal service or 14 days from the date the DMV notice is mailed. If you do not make the request within this time period, your right to a hearing is forfeited. [Read more…]
Walnut Creek is an incorporated city near Mount Diablo in the San Francisco Bay Area. The community was set up in December 1862, when the United States Post Office was established. It grew when the Southern Pacific Railroad Service arrived in 1891. A branch of the railroad passed through Walnut Creek until the 1970s. The city was incorporated in Contra Costa County in 1914.
In 2012, CBS Money Watch and U.S. News named Walnut Creek one of the 10 best places to retire in the United States. It has the most open space of any community in California. Among its parks are the Diablo Foothills Regional Park and the Castle Rock Regional Recreation Area. With cultural attractions, the first major retail center in Contra Costa, as well as its status as headquarters for the Pac-12 Conference, Walnut Creek sees a lot of traffic from residents of neighboring cities. [Read more…]
Driving under the influence (DUI) of drugs or alcohol in San Francisco is a criminal act prosecuted through the criminal justice system, rather than through traffic court or the DMV. A record of your DUI persists for ten years and the penalties for those convicted of one or more DUIs in a decade can be quite severe.
Once you are stopped for suspected drunk driving, a police officer measures your “BAC” or blood alcohol content through breath, urine, or blood tests. Failure to submit to a test after you are arrested can have penalties. The legal limit for most drivers is .08% BAC. The legal limits are more stringent for commercial drivers and drivers under 21 years of age.
Even if you don’t meet the legal limit to be charged with a DUI, you can still be charged with reckless driving in San Francisco. The District Attorney will charge a high blood alcohol allegation if a defendant’s blood alcohol level is .15 percent or greater. Such a charge will bring you increased penalties such as a longer DUI program and a longer jail sentence. [Read more…]
Suppressing Field Sobriety Tests
Field sobriety tests should be attacked through a motion to be suppress. Defendants are advised to discuss these issues with a DUI defense attorney. According to prosecutors, standardized field sobriety tests are based upon recognized scientific principles, i.e., if properly administered there is a direct correlation between performance and alcohol impairment. The prosecution should be required to fulfill the legal requirements that are necessary to prove the tests are scientific evidence. Naturally, this is impossible because the tests lack foundational requirements for admissibility as scientific evidence and are not widely accepted within the scientific community. [Read more…]
Raiders’ Wide Receiver Charged With DUI In San Francisco
According to court records the San Francisco District Attorney has filed charges of drunk driving against Raiders’ wide receiver Darrius Heyward-Bey. The charges are a result of Heyward-Bay’s arrest on April 7th, 2012 at about 2 a.m. on the Bay Bridge.
According to the CHP, Hayward-Bey was stopped after an officer observed his SUV speeding and weaving within a traffic lane. Hayward-Bey was subjected to standard field sobriety tests, which he failed. According to the CHP Hayward-Bey was very cooperative with the officers. [Read more…]