Retrograde Extrapolation
If your DUI case comes to trial, you can be all but certain that the prosecutor will introduce evidence of your BAC while you were driving. This is a fairly neat trick because, of course, no chemical test was given to you when you were behind the wheel. The test you took that led […]
The Plain View Doctrine
One of the fundamental protections afforded by the US and California Constitutions is the right to be free of unreasonable searches and seizures. Where law enforcement has failed to first obtain a search warrant but has seized property it seeks to use against you in a criminal prosecution, it may assert the plain view doctrine […]
A Breathalyzer for Marijuana
With the increased usage of medical marijuana and perhaps recreational legalization right around the corner, the reality is that there are more drivers on Orange County and Los Angeles roadways who have smoked pot than ever before. Law enforcement has an interest in having a simple and quick method to detect if a driver is […]
Cell Phone Tickets
Arguably, the prohibition against using a wireless phone while driving is the most often disobeyed law in California. It may be an exaggeration to simply say everyone does it, but we all see numerous drivers on their phones every time we drive. Currently, the only penalty if you are caught is a monetary fine, but […]
Bail Determination
The 8th Amendment to the US constitution reads in part, “Excessive bail shall not be required…” Nonetheless, this doesn’t mean that if you have been arrested for a crime you will be eligible for bail, and further, even if bail is established, it may be in an amount that is unaffordable to you. Although in […]