Today, the Supreme Court of the United States (SCOTUS) announced its decision in both Riley v. California, a San Diego case, and United States v. Wurie, a Massachusetts case, that addressed the issue of whether law enforcement can search a person’s smart phone after a lawful arrest. [The Law Offices…
Summer 2014 is here! The summer brings BBQ’s, parties, boating, beach time, Sunday Fundays, cold beers and margaritas, and lots of fun times. It is important, however, to plan ahead so your fun does not end with criminal charges. Often, people use their bikes as transportation when they know they…
San Diego DUI Lawyers Blog posted an article on January 4th, 2013, announcing that Qinetiq, a Massachusetts company, was given a $10 million grant from the federal government and all sixteen major car makers to develop a technology that would prevent a car from operating if a driver has alcohol…
Assembly Bill 2500 was introduced in February 2014, by Democratic Assembly Member Jim Frazier of Oakland. It was supported by the Association of Highway Patrolmen, the California Council on Alcohol Problems, the California Police Chiefs Association, the California State Sheriffs’ Association, among others. The bill was opposed by the ACLU,…
This is the very question that is currently before the Supreme Court of the United States, (see David Riley v. State of California). The ruling can potentially impact anyone who is arrested while having a cell phone in their possession. In August of 2009, San Diego college student, David Riley,…
Before January 1st, 2014, California law enforcement agencies were using California Vehicle Code (VC) Sections 23152(a) and (b) to prosecute cases involving alcohol, drugs, or a combination of alcohol and drugs. VC 23152(a) stated, “It is unlawful for any person who is under the influence of any alcoholic beverage or…
An SR-22 is a certificate of insurance. It is proof that you have met the state’s minimum requirements for liability car insurance. This form is obtained from your insurance company and they file it with the California Department of Motor Vehicles, to show proof of financial responsibility. The DMV may…
One California city tested the use of cameras by their officers last year and the results were just as one would expect. The use of force by officers dropped by over two thirds overall, and those not made to wear cameras were twice as likely to use force than those…
In San Diego County and throughout California, driving under the influence penalties are getting harsher. In most cases, alleged DUI incidents are charged with two penal code violations: Driving a vehicle while under the influence of alcohol, drugs, or a combination of both; and, Driving with a blood-alcohol content (BAC)…
In most drunk driving cases, something initially happens that draws the police officer’s attention to the car. There are rare instances when the officer does not witness driving; for instance, when the officer responds to an accident. In those cases, driving is determined by inferences, circumstantial evidence, and statements made…