The California Supreme Court affirmed a trial court decision that excluded the defendant's expert witness testimony regarding the reliability of breath test machines at trial. The court ruled as follows: "The trial court did not err in limiting Dr. Hlastala‟s...
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COVID19 ANNOUNCEMENT
If you or anyone you know has been accused of a crime related to the COVID19 outbreak, please contact our office immediately for a free consultation.
Circumstantial Evidence May Be Used to Bolster Blood Alcohol Test Results
The California Court of Appeals recently decided Coffey v. Shimoto, a case regarding rising blood alcohol after an arrest for DUI and the admissible evidence at a DMV administrative hearing regarding a license suspension. In the case, Ms. Coffey was arrested for DUI....
United States Supreme Court Rules on Warrantless DUI Blood Draws
The United States Supreme Court recently ruled that the natural dissipation of alcohol in blood alone does not constitute exigent circumstances per se to justify a warrantless blood draw in DUI cases where the suspect does not consent. Without a warrant or consent...
Vehicle Impound and Search after DUI Upheld
The California First Appellate District held that a CHP Officer who impounded a vehicle for safekeeping that belonged to a defendant who was arrested for DUI acted reasonable when searching the vehicle pursuant to an "inventory search." A large amount of cash and...