California’s DUI cops are having checkpoints in Perris, Pasadena and Crestline beginning friday, July 3. The California DUI checkpoints will be at an undisclosed locations.

Persons who are under the influence of alcohol and/or drugs can expect to be arrested for a California DUI.

California DUI police are required to follow strict guidelines in handling these checkpoints or face constitutional challenges. If the police do not follow these constitutional requirements outlined in Ingersoll, the checkpoint is not lawful. That means any evidence gathered during a California DUI arrest may not be admissible in California Superior Court nor relied upon to suspend at a California DMV hearing.

The CHP is conducting a California DUI checkpoint in Running Springs. The nonsubjective of the CHP line of work in Running Springs is to send a clear message to those considering mixing alcohol and/or drugs with driving. The CHP will be keeping a close eye out for California DUI drivers. A California DUI stop in Crestline resulted in two California DUI arrests.

On Friday July 3, 2009, from 6:00 PM to 2:00 AM, the Perris Police Department will be conducting a DUI/driver’s license stop in the City of Perris. Drivers will be evaluated for a California DUI.

Pasadena’s police department will conduct a California DUI checkpoint also Friday at an undisclosed location. Officers will set up the California DUI stop at period of time as part of their enforcement plans for the 4th of July.

If you know someone in need of vigorous representation in a DUI case in California, interaction lawyer Rick Mueller at 1 800 THE LAW DUI.

Another appellate court –thistime in Arizona– has overturned a attempt court’sIntoxilyzer software judicial decision. The appellate panel saidthe judge should not have issued the order because the prosecutorsdid not have possession of the software and had no way of gettingit.

In Minnesota, the Intoxilyzer 5000 – the breath testmachine used in DWI cases – test result is admitted at trialwithout any expert testimony. All that is required is a policeforce officer to testify that he was trained to operate the personand the machine did not self-kick any errors. The burden thenshifts to the driver to show why the result is incorrect. SinceMinnesota does not save the breath sample (with the use of asimple, $1 device) the driver faces an impossible burden.

Email communication between theIntoxilyzer 5000 manufacturer, CMI,Inc., and the Minnesota Bureau of Criminal Apprehension,reveals critical flaws in the emblem. AsI’ve blogged previouslyand has been reported bylocal FOXandCBSnews, innocent people – those with alcohol concentrationsbelow the legal limit – are going to jail.

                                Guilty by Secret Black Box = Guilty by“StarChamber”

Innocent people going to jail based on a secret black box. Thestate and CMI prevent the experts from inspecting the software– the only way in most cases to refute the test results. Thisdenies citizens of theirConstitutional Right ofConfrontation, ofDue Process, toaTrial by Jury,Presumption ofInnocenceand toPresent a CompleteDefense.

On March 17, 2009, Judge Minge issued an opinion, inPattersonv. Commissioner,  thatdenied an individual accusedof drunk driving the ability to obtain the Intoxilyzer 5000 ENsource code from the State of Minnesota. Why? Becausethestate says it doesn’t have it.

Patterson wasarrested for DWI, andhisdriver’s license was revokedpursuant tothe implied-consent law. On survey of the revocation, heargued that he was entitled to discover the Intoxilyzersource codebecause of its relevance to his challenge tothe revocation. TheState of Minnesota stated that it didnot have possession, custody, or control of the sourcecodeand offered an affidavit in support of that fact. Thedistrict court denied Patterson’s motion and sustained his licenserevocation on several bases, including that there wasnoevidentiary basis to believe the code was possessed by or availableto the State. Patterson appealed.

The communicate in this case is whether the district deferenceabused its discretion in finding that Patterson failed to make aviewing sufficient to compel discovery of the sourcecode.Rulings related to discovery entail a considerableexercise of wiseness by the district court.According toJudge Minge, “the most obvious basis for the district court’sdenial of appellant’s motion was its finding that therewasno basis to believe that the source code was in thepossession of or available to [the State].”

Judge Minge found that the find of the regularize royal court inthis case was grounded on the rule 34 requirement that, to bediscoverable, an item must be in the “possession, custody orcontrol” of the party from whom it is sought. TheState presented anunchallenged affidavitfroma toxicology supervisor for the BCA, who attested that“theonly individual or entity in actualself-possession of the source code . . . is its manufacturer, CMI,Inc.” On that basis, the Court of Appeals affirmed.

Here’s a shout out to the Daily Press of Newport News, Virginia..
VIRGINIA BEACH — A police of

Following my post on the criminal executive departmentlawyer’sdream jurorcomes an Austin American Statesman article “Internet aids trial lawyers doing background checks on clients,jurors”. What caught my eye of note towards DWIdefense was this bit:

Sometimes the drunken-partyphotos are sufficient. Jurors whose Facebook page reveals a certainfondness for Sixth Street’s nightlife or appreciation of the localmusic scene tend to be sympathetic to her DUI clients, saidMary Ann Espiritu, anassociate with Chris Dorbandt & Associates.

Stories about the polity digging upinformation about criminal defendants and using their onlinepostings against them are becoming increasingly common.  Ofcourse, most of the time a organization attorney keeps or strikes ajuror because of something they posted to Facebook or on their blogno one will be the wiser.  Kudos to Eric Dexheimer of theStatesman for exploring this less publicized aspect of internetresearch and the law.

If your child has been cited or arrested while at Bonnaroo foradrug offense inTennesseeor other offense, thecriminaljuvenile defense attorneysat Baker Associates can help.

Every year, we defend children who have been charged with acrime while at Bonnaroo or traveling to or from the festival. Statetroopers and local law enforcement are everywhere stopping vehiclesand coercing children to allow them to search their vehicles. Whenthey find evidence such as drugs or drug paraphernalia, the officerthen either gives your child a citation or arrests him or her onthe spot. Children also get in remission for other offenses atBonnaroo just because they were in the vicinity of an allegedcrime.

The consequences of a criminal conviction can cause seriousmodify to your childs future. Not only is there potential fordetention and probation, but a conviction can jeopardize yourchilds qualification for admission into college and/or financialaid making.

Dont risk your childs chances, consult one of ourexperienced criminaldefense attorneys in Tennesseeat Baker Associates by calling866-853-2888. We have had considerable success in getting recordsexpunged, sentences reduced, and evidence thrown out based uponprinting of an unlawful search.

Not Guilty Plea to charges ofDUImanslaughterfor Donte Stallworth, wide earpiece for theCleveland Browns.

DUIdefense lawyerChristopher Lyons entered a not guilty plea at acourt hearing on Thursday on behalf of Stallworth. Stallworth, 28,who is out on $200,000 bail must not consume alcohol, cause, and isrequired to abide by a 12:00a.m.to 6:00 a.m. curfew, stated incourt documents.

Stallworth wasdrivingunder the influenceof potable on March 14 when he hitpedestrian Mario Reyes, 59, and killing him in Miami Beach.According to Stallworths blood test results, hisbloodalcohol levelwas .126. Stallworth was allegedly driving drunkat about 50 mph in a 40 mph zone.

If convicted of the DUI manslaughter cost Stallworth would becoating a maximum sentence of 15 years in prison. A date forexperiment has not been set.

Driving Under the Influence in San Diego County

In California, it is unlawful for any person to drive a vehiclewhile under the influence of any kind of alcoholic beverage ordrug.

If you have 0.08 percent or more, by weight, blood alcoholconcentration, you will be supercharged with DUI or driving whileintoxicated if in remission. You may face a fine and jail time ifconvicted.

Stallworthpleads not guilty to charges, ESPN, June 4, 2009

Stallworthaerated in man’s death, ESPN Sports, April 2, 2009

Web Related Resources

California DMVguidelines about DUI

Every year, young people without criminal records go to Bonnaroosearch a good time only to have their future prospects diminishedbecause of a criminal citation or arrest. Once the person pleadsguilty, the consequences can be devastatingfrom jail time and finesto academic disqualification and financial aid ineligibility.

The common criminal charges and their statutory penalties are asfollows:

Simple Possession.A first time offense ofsimple possession of a controlled substance carries a sentence ofno more than a year and a $2,500 fine.Simple possession inTennesseetypically applies when you have been busted with onlya small amount of a restricted substance, such as marijuana orLSD.

Felony Drug Possession.Felony drug possessionis a more serious crime and penalties vary depending on the typeand amount of the controlled pith in your possession. For example,if you were found to possess between one-half ounce and ten poundsof marijuana, you could be aerated with a Class E felony, whichcarries between a 1 and 6 year prison sentence and/or a $3,000fine.

Drug Paraphernalia.Possession of drugparaphernalia is a Class A misdemeanor if the state can prove thatyou intended you use it to pack, store, arrest or conceal acontrolled substance. Under Tennessee law, “drug paraphernalia”means all equipment, products and materials of any kind that areused, or intended for use in storing, activity, injecting, inhalingor otherwise introducing into the human body, a controlledsubstance.

Underage Consumption of Alcohol.Underagedrinking in Tennesseecarries with it relatively severepunishments. If you were under age 21 and you purchased, received,or had in your possession an alcoholic beverage in a public passjudgment, you could be covering up to a year in jail and/or a fineof up to $2,500. You will also be denied driving privileges ifconvicted.

Public Intoxication.You are protection finesand possibly a few months in jail if found guilty of thistransgression. An offense is committed if you were on the festivalgrounds or at a place of business or other public place and, whileunder the influence of an intoxicating substance, endangeredyourself or others, destroyed property, or were simply pesky to thepeople around you.

If you have been charged with any of the above-listed crimes orany other crime while at Bonnaroo or while departure the festival,theexperientcriminal defense attorneysat Baker Associates encourage you tocall us at 866-853-2888. The consultation is free.

So you got aDUI/DWIcharge in Howard County, Baltimore County, Anne Arundel Countyor any other county in Maryland and you have a CDL (commercialdriver’s official document). Your CDL is required for you to work,so what happens now? Well, in a word, you have a difficulty. First,the fact that you werenotdriving a CDL vehicle at the timeof your DUI arrest does NOT matter, you still have the sameproblem. Yes, it’s not fair but that’s the way your FederalGovernment set it up. Now, where to go from here? It’s a littleconfusing so if the followingCDL-DUIadviceis not working for you, feel free togive us a call.

A conviction or a PBJ on the 21-902A, C or D offense will resultin you loosing your CDL license for one full year. The fact thatyou need your CDL to work for a living, to provide for your familyor the fact that you were not travel a CDL at the time of your stopor arrest is not relevant to the consequences. The mere fact thatyou possessed a CDL at the time of the arrest is enough.

A conviction for the 21-902(B) offense or a PBJ does NOTresultant in the immediate loss of your CDL, that’s the good news.In fact, a PBJ (probation before judgment) on the 21-902(B)infringement is a good thing for a CDL holder, you want thatassuming your case may not otherwise be won. Also,aconvictionon the B offense is workable too, itdoesnot automaticallyoutcome in the loss of your CDL, itdoes result in 8 points on your record however which then resultsin a points suspension hearing (which you must request) where youcan ask for a lesser period of suspension of your licence. The MVAis typically looking a 6 months suspension for 8 points related toDUI or alcohol which means 6 months suspension of your CDL licensein this DUI arrest.

Now, having said that, what about the administrative MVA hearingsecondary to DUI stop, ie. the administrative suspension (this isthat onion skin Officer’s Order of Suspension theme you acceptedwhen they liberated your license from your wallet).

1. If you blew less than a .15, that’s good. You can request anMVA hearing within 10 days of your clutch and request anymodification you might seek, worse case scenario is that the MVAdoes not see it your way and you loose your pass for 45 days. Whenyou loose your license you loose your CDL. If you get a limiteddriver’s licence, you still loose your CDL. It isveryimportantto understand that for whatever fundamental measureof time you have a “modified” manipulator’s license or a suspendedpermission, you willloose your CDL certify.However, for 45 days you might be able to swing something with youremployer, ie. maybe you can drive a regular vehicle or do otherwork.