Impossible to Get a Search Warrant in California For a Blood Draw? Not So Says A Long Beach DUI Attorney

Recently, in a United States Supreme Court case, the government argued that obtaining a search warrant for a blood draw of a DUI suspect was difficult to do withing the context of a drunk driving arrest.  However, in California a system is alreadfy in place to get a telephonic search warrant.  As an alternative to written affidavits California Penal Code 1526(b)(1) permits sworn oral statements that are subsequently transcribed. For example, the affiant may phone the magistrate, state probable cause, and obtain the magistrate’s verbal authorization to sign the latter’s name to the warrant under the Penal Code in the state. The resulting warrant is the so-called telephonic (or, more accurately, telephonically authorized) search warrant. The expression “telephonic search warrant” can give rise to the erroneous impression that the warrant itself is oral. All search warrants must be in writing. The only thing different about a telephonic warrant is that the affiant signs the magistrate’s name to a duplicate original search warrant.  This makes sense and allows for adequate protections in the remote context.

According to one Long Beach DUI Attorney, the CA Judges Benchguide offers detailed instructions to Judges on duty after hours and on weekends when the Courts are closed.  The statutes do not mention statements by the affiant over the telephone, but have been interpreted to permit them. The procedure is constitutional. No special circumstances need be shown for issuing a telephonic warrant.  Indeed, in Los Angeles County all telephonic search warrants are obtained through a District Attorney Command Post. Under this process, if the deputy DA believes the case is appropriate for a telephonic search warrant after talking with the affiant, the command post investigator sets up a conference call between the affiant, deputy DA, judge, and investigator (who runs the recording equipment). Courts may have different procedures. The following is an example adapted from various counties.  The affiant’s statement must be recorded. The judge should be sure to record the conversation, check that the equipment is switched on and operating. If the affiant is recording the conversation, the judge should ask whether the recording equipment is turned on.  These procedures ensue an adequate record on review.  There can be no doubt that the implementation of the current procedures can be re-tooled to allow for blood draw search warrants for DUI suspects on the roadside or at the police station after arrest.

Is a Citizen's Arrest in California for DUI Legal?

In California, a police officer is not the only individual that can effectuate an arrest for a DUI.  A citizen’s arrest for DUI is proper when based on the citizen’s observation that the defendant was driving under the influence; in so doing, the citizen may delegate to a peace officer the act of taking the defendant into physical custody. This authority is vested in CA Penal Code 837.   For example, in one recent case, the Court ruled a citizen may make arrest for misdemeanor committed in his or her presence Johanson v Department of Motor Vehicles (1995) 36 CA4th 1209,  Also in another appellate court case, the Justices opined, a parking lot attendant who, observed defendant trying to exit parking facility by driving wrong way and into facility’s entrance gate, called 911 and a police officer and reported his observations to officer who made arrest,  and in another published California DUI case, the Court found, an inspector of Department of Food and Agriculture who stopped defendant’s vehicle at inspection station, observed defendant was intoxicated and reported observations to highway patrol officer who arrested defendant.  The bottom line is that a suspected drunk driver cannot escape liability because the person making the contact was not law enforcement.

DUI Drivers Targeted This July 4th

July 4th weekend 2013 promises to be a banner holiday for law enforcement, the state of California has earmarked over a million dollars to checkpoint utilization and enforcement, saturation patrols will make up the remainder of the budget.  Los Angeles County alone has implemented a task force approach will will involve numerous city police agencies and a mobile phlebotomist who will be available to collect samples from DWI suspects for DMV and Court purposes.  The Torrance police alone have publicly stated that it will be on high alert status with its close proximity to the beach areas .  Redondo Beach and Hermosa both have announced a "zero tolerance" to those driving under the influence and has set aside additional resources to deal with the high number of anticipated arrests.

Summer Travel Equals Higher DUI and Speeding Citations

With the heat rising into the summer months most police agencies report a higher uptick in speeding violations. According to one recent survey of California law enforcement, the average stop for speeding will be a chance for the cop to do a quick sobriety check of the driver. According to Coalinga Speeding Ticket and DUI Attorney , based along the interstate 5 freeway in CA, the most common reason for stopping and arresting a drunk driver is excessive speed. With this bit of knowledge we are advising readers to not drink and drive, if you do decide to have a glass of wine or beer this summer and get behind the wheel of a car, do not speed and be safe!

Ignition Interlock For DUI Offenders, The New Paradigm

California may be the first state in the nation that mandates an ignition interlock for all first times DUI offenders. In a new pilot program starting g in July all first offense drunk driving defendants will be ordered to install and maintain an ignition interlock on all motor vehicles as part of their probation in counties such as Los Angeles, Tulare and others. Will this become the norm? Time will tell.

Are Field Sobriety Tests Accurate?

This is an age old question that many pundits frequently raise within the context of arguments for and against DUI enforcement.  The answer to this question can perhaps best be found within the scientific literature that encompasses the area of drunk driving research.  In one study the researchers found that field sobriety tests are only accurate in predicting impairment relative to driving under the influence, about 70 percent of the time.  This statistic takes into account the fact that the participants in the study performed the tests under ideal conditions and they were conducted in accordance with well established federal standards pertaining to sobriety testing protocols.  Other research sheds light on many of the frailties common to the most frequently performed FST's.  At the end of the day most all that are involved in the legal community will agree that this component of drunk driving enforcement is prone to many weaknesses but it is but one factor to be utilized in the arrest and investigation of driving while intoxicated cases.

Looking For a DUI Attorney in Los Angeles? Watch Out For The Traps

For those consumers that are searching for a DUI Attorney in Los Angeles the choices that are displayed on the search engines can seem overwhelming.  What you need to understand is the difference between the organic search results and the sponsored listings that are generated by lawyers that pay to have their names posted above what google thinks are the most relevant results for the query.  For example, if your type in a search for DUI lawyer the results will display at least 3 listings that are at the very top of the screen.  These are the posts that the attorneys pay for, you must scroll down and see the listings below these sponsored results.  It is these results that are the most probative for the search.  Do not get trapped into the belief that the tops spots mean the best attorneys, the bottom line is that the top three posts are bought and paid for and are not typically the most local or the best experienced DUI attorneys that are in the area.

The Future of DUI Defense

The laws of California DUI are in a constant state of flux. For example, the MADD lobby has pressed for stiffer punishment of first time offenders by enactin the IID requirement that goes into effect in July 2010. The insurance industry has gone crazy by requiring those that get a DUI to get an SR-22 and jacking up the insurance rates for first time convictions, the Supreme Court has all but eliminated the fourth amendment when it comes to a drunk driving arrest, what is next? we will see!

Fun, Sun, The Beach and DUI this Summer

With summer comes fun in the sun, drinking and sometimes over consumption of alcohol. No doubt the best advice when indulging is to avoid any driving. Invariably however there will be those that do not heed this advice and get arrested for DUI. One Seal Beach DUI Lawyer offers the following advice if arrested: First do not volunteer any information about the number of drinks you have had, Second, comply with all requests except do not volunteer to do any FST exercises if they are requested, Third, take the breath test not blood and do not agree to submit to the infield PAS unless you are under 21 or your jurisdiction DMV requires it such as if you are on probation. Have fun, do not drink and drive and put on sunblock.

A DMV Hearing Attorney Gives An Overview of DMV Hearings in California

In California the DMV can suspend an individual's drivers license in a varety of ways. Perhaps the most frequent actions commenced are those related to the abuse of alcohol and/or drugs. Statistically, the most common are the Administrative Per Se (APS) suspension hearings, also referred to as DUI hearings which arise out of a drunk driving arrest. This area is discussed more fully in our DMV Information page. These hearings are conducted at Driver Safety offices located throughout the state. In Los Angeles County the hearing locations are as follows: El Segundo, Van Nuys, Downtown Los Angeles, Commerce and Inglewood. In Central CA the DMV hearings are held in Bakersfield, and in San Luis Obispo County the driver safety offices are in Oxnard, and downtown San Luis Obispo.  By statute,  DMV Hearings are very informal and do not involve a trained or elected Judge, rather they are presided over by a DMV employee known as a hearing officer. According to one Torrance DMV Lawyer, the hearing officers are not lawyers but they do have training in the proper procedures and relevant law that dictates how evidence is presented and what standard of proof is necessary to sustain a suspension of an individual's drivers license. The "dual role" of the hearing officer as both an impartial judge of the facts and as a prosecutor for the department has created the appearance of a conflict of interest, but the Courts have held this is acceptable, often to the dismay and disbelief of most lawyers that practice regularly at the DMV.

In addition to APS hearings, some examples of other types of DMV Hearings include: Negligent Operator Hearings that involve cases where a driver has too many points on their driving record; Fraud Hearings involving the misuse of a drivers license to purchase alcohol by those underage; and Medical and Skill Hearings that involve the issue of a person's ability to drive due to age improper use of drugs and various medical conditions. One DMV Hearing Attorney in Torrance relates that  DMV hearings can very often be beyond the scope of the ordinary citizen to handle and therefore the services of a skilled lawyer familiar with the rules and procedures can level the playing field and increase a persons chances of prevailing and saving their license.
The most important thing to know about DMV Hearings is that there is a time deadline to request a hearing, if that deadline expires you may not have a right to challenge the suspension at all.  If you or a loved one is facing a license suspension or pending DMV hearing, call Attorney Matthew Ruff, he has been defending clients at DMV Hearings for well over 15 years and can give you the legal advantage necessary to win the DMV Hearing. Contact him Toll Free at 1-877-213-4453 today, mention this article and recieve a free consultation.

Manhattan Beach DUI Attorney Explains the Meaning of "Bodily Injury" in Felony DUI Cases

The California Vehicle Codes makes a DUI a felony when "bodily injury" results from any unlawful act caused by the drunk driver. Vehicle Code §23153 only requires proof of “bodily injury,” not proof of “substantial bodily injury” or “great bodily injury.” said the Court in the case of People v Guzman (2000) 77 CA4th 761 where the justices held that the California statute only requires proof of “harm or hurt to the body”. Minor injuries will satisfy the statutory requirement such as abrasions, lacerations, and back and neck pain, also cuts, headache, and stiff neck were sufficient injuries that have been found to satisfy the legal requirement of injury.  The distinction is significant given the greater punishment imposed for these offenses.

However, according to a local Manhattan Beach DUI Attorney  Matthew Ruff, there must be some physical injury; merely being shaken up or frightened is insufficient, at least that is what the Court said in the case of People v Lares (1968) 261 CA2d 657, 662. When the defendant causes “great bodily injury,” the court has authority to increase the punishment by imposing a sentence enhancement under Pen C §12022.7. This enhancement makes the offense not only a felony, but a "strike". In addition, when the defendant causes “great bodily injury” and has four or more separate DUI convictions within ten years of the current conviction, the court must impose a sentence enhancement under Veh C §23566(b). Furthermore, The bodily injury must be sustained by someone other than the defendant (Veh C §23153(a), (b)), for example, the defendant may be convicted of a violation of Veh C §23153 based on injuries sustained by a passenger in the defendant’s vehicle but not for injuries sustained solely by the perpetrator of the offense.

Should you require additional information about this topic or if you or a loved one is facing a felony DUI, attorney Matthew Ruff can be reached directly at 310-527-4100 for a consultation and review of your case.

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