DUI Charges and DMV Hearings

When you are facing charges after a DUI arrest, you first need to worry about the DMV hearing. At the DMV hearing, a hearing officer determines whether you can keep your driver's license, even before you are convicted of DUI. In fact, you could lose your license at the hearing, and later be acquitted of the DUI.

At a DMV hearing, the hearing officer will hear testimony from the officer who arrested you to determine whether you should lose your license, based on his or her determination of whether there was evidence that you were driving under the influence. This is a critical stage in a DUI case and one that many overlook.

Once you have been arrested for driving under the influence, you only have a limited time to request a hearing. Many people do not read the small print in their citation, and miss the deadline. If you do not request a hearing, your license may be suspended without you ever getting a chance to challenge the grounds for the suspension.

Hiring a lawyer to assist you with the DMV hearing is an important first step in your defense. Not only can the attorney ensure you don't miss your deadline, and that you get your hearing, the lawyer can also cross examine the officer, and get a feeling for what his testimony would be if your case went to trial. Because county attorneys and district attorneys do not attend these hearings, this gives your attorney an advantage at your DUI trial, and further allows your lawyer to impeach the officer with any testimony that is inconsistent from the hearing.

Another important reason to request a hearing is that it is your best opportunity to keep your drivers license pending the outcome of your DUI case. The DMV hearing officer is the one who subpoenas the officer. If the officer is busy and doesn't show up, then the hearing officer will rule in your favor, and you get to keep your license pending the outcome of your DUI case.

Dealing With An Unfavorable DMV Decision

The decision after a DMV hearing following a DUI arrest can be either a set aside or an uphold of the suspension.  When the decision is unfavorable to the driver the next step can be either to appeal the finding or move on.  For first offenders who took a test the suspension period of four months typically does not justify a decision to appeal the hearing officer's decision.  The driver can usually get a restricted license after waiting 30 days.  Foe second offenders an appeal may be more tenable given the one year
 re-issue date.  In either event the decision must be one that takes into account the costs and benefits of the entire situation.  The alternative to a full scale appeal can be something called a Departmental Review, more information about this approach will be discussed in a future post.

How a Person's Core Body Temperature Can Skew Breath Test Results

Breath testing in DUI cases relies on the presumption that every subject has a "normal" body temperature.  But what if a subject has a fever? One study (Fox & Hayward, 1989) did reveal problems with DUI breath tests for those with higher than normal body temperature levels.  For example, when the core temp was elevated one degree Celsius, the corresponding breath test for alcohol increased by nearly 9 percent. This means that if a person had an elevated body temp and was stopped for drunk driving, his breath test would falsely inflate his true blood alcohol level by almost 10%.  For a .10 level, this would drop him to a .09 and if he blew a .08, his true BAC would actually be .07.

 For more information on this issue, contact DUI Attorney Matthew Ruff who practices in the state of California.

A Bakersfield Speeding Ticket Attorney Explains Trials by Written Declaration

In California, as in many states, a defendant may elect to have a trial by written declaration on any Vehicle Code infraction or speeding ticket. If the clerk  receives from the defendant a written request for a trial by written declaration on or before the appearance date indicated on the notice to appear, the clerk must, within 15 calendar days of receiving the request,extend the appearance date 25 calendar days, and must give or mail the defendant notice of the extended due date on a Request for Trial by Written Declaration with a copy of the Instructions to Defendant and any other required forms. The defendant must file the Request for Trial by Written Declaration with the clerk on or before the appearance date indicated on the notice to appear (or any extended appearance date). This form must be filed in addition to the defendant’s written request for a trial by written declaration, unless that request was made on this form. A defendant who makes this election must submit bail in the amount established in the Uniform Traffic Bail and Penalty Schedule under Veh C§40310 at the time of submitting the declaration.  If the defendant is found not guilty or the charges are otherwise dismissed, the amount of the bail mustbe promptly refunded to the defendant.

On receiving the defendant’s Request for Trial by Written Declaration and bail by the due date, the clerk must deliver or mail to the arresting officer’s agency a Notice and Instructions to Arresting Officer and Officer’s Declaration, with a copy of the notice to appear and a specified return date for receiving the officer’s declaration. On receipt of the officer’s declaration or the close of the return date, the clerk must submit the case file to the court for decision with all declarations and other evidence received.  According to one Bakersfield Speeding Ticket Attorney, testimony and other relevant evidence may be introduced in the form of the notice to appear, a business record or receipt, and the sworn declarations of the arresting officer and of the defendant. After the court decides the case and returns the file and decision, the clerk must immediately mail the Decision and Notice of Decision to the defendant and arresting agency. The defendant may request a trial de novo by filing a Request for New Trial Form within 20 calendar days after the date on which the decision was mailed. The Court clerk must set a trial date within 45 calendar days of receipt of the defendant’s request and deliver or mail to the defendant and to the arresting officer’s agency the Order and Notice to the violator.

The case is closed if the defendant fails to make a timely request for a trial de novo. Although the rules state that a new trial must be set within 45 days of the receipt of the request, the remedy for failure to set within 45 days is not automatic dismissal. For example in one case, a trial was set 57 days after receipt of notice. The court may deny a trial by written declaration to a defendant who does not file a Request for Trial by Written Declaration or deposit bail with the clerk within the specified time limits.  The Judge is not limited to imposing a monetary penalty in the amount of the bail the defendant has deposited with the clerk, unless this amount is the maximum and the only lawful penalty. A person who fails to appear as provided by law may be deemed to have elected to have a trial by written declaration on any alleged Vehicle Code infraction. Relevant evidence may be introduced in the form of a notice to appear, a business record or receipt, a sworn declaration of the arresting officer, or a written statement or letter signed by the defendant. 

Bruce Blythe is a Bakersfield Speeding Ticket Lawyer who practices throughout Kern County and beyond for all criminal, DUI and traffic cases.

Hematocrit Defense in DUI Cases

 Hematocrit represents the fraction of whole blood composed of red blood cells and is correlated with the aqueous content of the blood.  The higher the hematocrit, the lower the concentration of water in the blood and vice versa, according to California DUI Attorney Matthew Ruff.  How does this issue play into a DUI case you may ask?  Put simply, the higher a hematocrit level, the higher a person's blood alcohol concentration.  With breath tests, the normal variation in the hematocrits of test subjects "can produce errors in ...results in the 10-14% range", according to some scientific studies.  When facing a DUI charge, it may be useful to have a test done to determine if this may be an issue. The hematocrit issue can vary the amount of alcohol present in the blood and not all humans are the same.  The breath machines do not factor in this variability.

What is the penalty for a refusal in California?

There are a number of penalties or consequences for DUI charges in California.  Perhaps the most severe of all penalties is that for a refusal to take a chemical test, breath or blood.  In addition to the Court consequences, the DMV will impose harsh sanctions if the driver is found to have refused a breath or blood test after having been arrested for drunk driving

The following are the administrative penalties for a DUI refusal

1. A First refusal within 10 years carries a one year drivers license suspension
2. A second refusal after a DUI conviction, wet reckless or admin per se suspension within 10 years is a 2 year license revocation.
3. A third refusal within 10 years is a 3 year revocation of your driving privilege.

In light of the very severe refusal penalties in California, it is advisable to seek legal representation for any refusal case.

The Dream Act, Reward for iIlegal Conduct?

The government lawmakers this week shot down the "dream act"  effectively denying young children of illegal immigrants the opportunity to become citizens and finally be a part of the United States as legal citizens.  Many believe this act was a reward to those that entered the US illegally, others say it rewards those who had no say in where they grew up and did the right thing by going to school and staying out of criminal trouble.  Time will tell which side eventually prevails.

15 Internet Marketing Stats of 2013

Creating a unique and compelling content marketing campaign is becoming increasingly important for modern brands that hope to distinguish themselves. With social media, high-speed Internet and mobile devices reaching a larger audience all the time, we’re witnessing a paradigm shift in the way that products and services are marketed.

Below are 15 marketing statistics from the past year. Some might surprise you, while others might be familiar from previous years

1. The outsourcing of content marketing is becoming increasingly common: 62% of companies now take part in the practice, which represents a 7% increase from last year.

2. The amount of money spent on online content marketing accounts for more than one quarter of the average marketing budget.

3. 72% of shoppers now trust reviews posted online at least as much as they trust personal recommendations from friends and family.

4. It’s now estimated that about 44% of online shoppers use a search engine to begin the shopping process.

5. When it comes to the frequency of posting, marketers see diminishing returns: a brand that posts twice per day receives only 57% as many Likes as it would have if they posted only once per day.

6. It is estimated that by the year 2016, more than half of all the money spent in the retail sector will have been influenced by the web in one way or another.

7. Over the course of the average week, fewer than 0.5% of Facebook users will actively engage with their favorite brands. This handily confirms how important it is for brands to provide the right kinds of content to their audience.

8. 20% of Facebook users have reported purchasing a product or service after seeing an ad or comment about it on the site. Facebook’s targeted ads have gotten a lot of hate, but their success rate continues to climb.

9. The average company only responds to about 30% of feedback provided by fans using social media. This is more than a little bit dispiriting, considering that social media is meant to be a conversation rather than a one-way street.

10. 91% of adult Internet users report using social media websites on a regular basis. In other words, it’s become a nearly inextricable part of our culture.

11. Blogs provide the average brand’s website with 97% more indexed links and a stunning 434% more indexed pages. If you don’t have a blog yet, now is the time.

12. Smartphones now account for more and more online shopping: 64% of smartphone owners now use mobile devices to make purchases online.

13. In an average month, YouTube users watch a total of about three billion hours of video. This confirms how useful it can be for brands to turn their Channels into a destination.

14. Of all smartphone users, 73% report using apps at least once per day to access their favorite social media sites.

15. Of all the accounts on social media websites, approximately 40% of them are spam. 

Special thanks to Alicia Lawrence for today's guest post.  Alicia is a content coordinator for an SEO and web development company and blogs in her free time at MarCom Land. Her work has been published by the Association for Business Communication, Yahoo! Small Business, and Spin Sucks. 

Ticket Myths

There are few things that evoke more fear or loathing than getting stopped and ticketed by a law enforcement officer.  The legal process that follows can be quite daunting from the standpoint of mounting a defense or dealing with the problem.  One Lamont Speeding Ticket Attorney has assembled a list of common myths and half truths related to traffic tickets, it's worth taking a look at.

DUI While Parked

Penal Laws in the state of California define DUI as driving at a time when your mental or physical faculties are impaired to such a degree that you cannot operate a motor vehicle with the caution characteristic of a sober person. The interrogatory is frequently asked if a person can be arrested and charged with a DUI while they are parked in their driveway. The answer to this question depends on whether the police can establish actual driving. Obviously,  the law does not require that the police officer actually see the person driving, this element can be proven using circumstantial evidence. So, if the governmental officer sees the person pull into his own driveway and he is under the influence, game over. Further, if another witness sees the driving, same conclusion. Also, if evidence can be obtained to infer recent driving, IE. warm engine, admissions to recent drinking at the bar prior to arriving home, slumped over wheel while engine running, etc, all can be used to come to a rational conclusion that the person was driving. If other evidence, FST's breath tests and other evidence established that the person was impaired at the time of driving, a DUI case can be established.

DUI Law in the New Millennium

It is indeed axiomatic that as civilizations evolve there is a corresponding increase in new laws and regulations designed to conform the society to a given paradigm.  Criminal laws are no different.  In our current civil structure we have experienced this upward pressure particularly in the category of rules governing the use of motor vehicles, aka automobiles.  It is evident that the legislative bodies have concluded we are unable to think for ourselves and conform our behavior to basic common sense.  A good example of this is the criminalization of the use of cellular phones while driving and the use of active restraints such as seat belts.  DUI laws are also on the agenda and we will see an increase in legislative interaction into how we govern those that use alcohol and drive.

Another Good Reason Not to Take a PAS Test

We know that California law allows motorists over 21 and not on probation to refuse a roadside breath test known as a PAS.  The test however is usually a bad idea inasmuch as it provides additional evidence of intoxication relating to DUI that can be used against you in Court.  A recent case reiterates another good reason to refuse taking the test.

Defendant Thomas was stopped for traffic violations. His eyes were bloodshot and watery. Defendant performed sobriety tests and consented to a PAS breath test that required him to place his mouth over the plastic tip of the PAS device and blow into it. Defendant was let go after passing all tests, but instead of discarding the mouthpiece of the PAS device, the police preserved it for DNA testing. The DNA profile derived from the mouthpiece linked defendant to two burglaries. A DNA sample obtained after defendant’s arrest matched genetic material recovered from five of the burglaries. Additional evidence implicating defendant in the burglaries was found when police searched his home pursuant to a warrant after his arrest.

Defendant appealed his convictions of the crimes arguing that testing the mouthpiece of the PAS device for DNA was a search that could not be conducted without a warrant under the Fourth Amendment to the United States Constitution. The appellate court however disagreed holding that the DNA test was not a search because defendant abandoned any privacy right he had in the saliva he deposited on the police device.  The Court ruled that the Fourth Amendment protects against unreasonable governmental searches and seizures. A search occurs only when a government activity intrudes on an individual’s reasonable expectation of privacy, measured by the individual’s subjective expectation of privacy in the item searched and society’s objective recognition of the reasonableness of the individual’s subjective expectation of privacy.  People of California vs. Thomas.

"Over the Influence" commercials send the right message to our youth

Recently, I have seen the new television commercials that espouse abstinence from alcohol and drugs, targeted mainly to young people. These messages need to be played more frequently to buffer then constant onslaught of ads that encourage getting drunk and being under the influence, great work whoever put these together.

10 Social Media Tricks Your Small Business Needs to Try

If you're struggling to get the word out about your small business, social media could be your great equalizer. Social media as a marketing channel is more strategic and data driven than a few blog posts, status updates, and a few hundred “followers” and “likes.

Expanding your audience is crucial, and Facebook, Google+, LinkedIn, and Twitter let you do that easily. HootSuite lets you manage all these profiles at once, saving valuable time, while Tumblr, Vine, and Instagram allow you to reach a younger audience in creative ways. And don’t say your audience isn’t on social media; the fastest growing demographic on Twitter is 55-64 year olds.

Keeping up with the latest social media changes is not always easy, and your social media marketing tactics may need to be refreshed. At Grovo, an online learning platform that trains people on leading cloud apps, social media tools and Internet trends, we put together the top 10 tips your small business needs to try to take your social media presence to the next level today:

1. Promote a Page Post with Facebook Ads
Paying to advertise a Facebook Page post increases the distribution of an important message so that it appears in more News Feeds across Facebook. To promote a page post, select "Page Post Engagement" from the ads creation page. Pick a recent post from the dropdown, or check the box to automatically promote the most recent post and keep your ad up-to-date.

Below, you'll see what your ad will look like in the "News Feed" and the "Right Column," but you can "Remove" it from either place. Uncheck the box beneath "Sponsored Stories" if you don't want stories published about people liking your posts, commenting on your posts, or sharing your posts.
However, leaving Sponsored Stories enabled won't force you to increase your budget. Under "Advanced Options," you can add "URL Tags" to make it easier for you to track clicks if you want.

2. Get To Know Your Facebook Fan Base
If you don’t know who your fans are, you won’t know what content to publish. Posting the wrong content will help you lose likes, not drive likes. The “people” tab will help you better understand the users who share and engage with your page’s content. Here you can choose data on demographic information and narrow your data down to people you’ve reached, who’ve engaged with content, or who’ve checked in within the past 28 days. You can also see check-in, age, sex, and location comparison reports, and detailed explanations.

This video will help you better understand how you can get to know your fans better, in order to target them with the right content and drive likes:

3. Advertise on Twitter
Setting up your Twitter ads account allows you to promote your brand or company through Twitter. To sign up, go to ads.twitter.com and sign in with your brand's Twitter account.

Once you get started, add the locations and interests of people you'd like to target. Under "More targeting options" you will be able to better precisely and accurately you target your ads. If you do this, the more likely it is that someone who views it will click on it, so choose carefully.

You get to decide the maximum you'd like to pay per day and per interaction for individual promoted tweets and promoted accounts. You won't always pay the maximum amount, but you'll never pay more than your maximum bid. You can also choose to focus exclusively on promoting individual tweets or your account by clicking "Stop promoting" under the other category. Your ads will begin appearing on Twitter users' feeds. You can control your ad settings on this page, and return to it at any time by going to ads.twitter.com.

4. Convert to a Pinterest Business Profile:
Pinterest now allows businesses to have official accounts. These accounts allow companies to more effectively interact with their audiences on Pinterest.

By visiting business.pinterest.com, you can either create a new business profile or convert an existing profile to a business account. To create a new business profile, click "Join as a business." You'll then be prompted to fill out a form with such information as: your business type; your contact info and password; the business name and logo; and a description and website.

Business accounts, you only need to provide a single name, rather than first and last name with personal accounts. To convert an existing profile, select "Convert your Existing Account" on the Pinterest Business page. Log in to your account, provide the required information, accept the terms of service and click "Convert Account." After creating or converting your account, you'll see a Get Started page that can help you Verify your website, install a pinterest widget on your site, drive traffic back to your site, and grow your audience.

5. Make Your Business Googleable
Google Places for Business allows you to manage the information Google displays about your business in search results, your Google+ profile page, your Adwords account, and Google offers all from a single dashboard.

To get started on Google Places for Business, go to google.com/places and click "Get started for free." Log in with your Google Account or Google apps username and password. In the popup, choose whether you'd like to be notified about future release information, agree to the terms of service, and hit "Okay, got it!"

Type your business name, location information, business phone number, and business type. On the next page, verify your account to prove you really own the address, or "Continue and verify later."Note that your page won't be displayed on Google until you verify it. Next, click "Edit information" and add your business's hours, a description, and photos. Your changes will be saved automatically.

6. Post Simultaneously to Multiple Social Networks
Once you've added social networks, you can use HootSuite to post to multiple networks at once.
First, select the profiles you want to send this message to in the box to the right of the compose box at the top of any page. You can select as many profiles as you have connected. Deselect a profile by clicking its icon again. Click into the "Compose" window and type the message you want to send.You can type up to the most lenient character limit of the networks that you selected. You'll see each limit decrease to the bottom left as you type.

If you exceed the limit of one of your networks, the number will turn red and go into the negatives. This lets you know how much of your message will be cut off with an ellipsis on that network. Click the location icon to add location data to your message, and the lock to adjust your privacy settings. Click "Send Now," and your message will be posted to all the profiles you selected.

7. Help Search Engines Find your Videos
Adding tags and video categories can improve the performance of your videos by helping search engines find them when users search for your tags and similar terms. You can add tags when you upload your video, or at any time after by selecting "Video Manager" in the dropdown below your username. Check off a tag you've already used to include it, or type in the box above to find a specific tag or create a new one. You can also choose a video category that matches your title, description and tags to help improve your video's search ranking even more.

8. Track the Performance of your Tweets
There are many ways to advertise your business, this way has 140 character restrictions. Twitter helps your business build an audience, broadcast your message and send followers to your site. Tracking your tweets' performance allows you to see how popular your tweets are over time, as well as get information about the people who follow you. To track tweet performance, go to ads.twitter.com and log in. The following video will give you a better understanding of using Twitter’s Analytics, to dive into your Timeline activity, followers influence, good and bad tweets, and more.

9. Pay to Have a Tumblr Post Shown More Places
Promoting a Tumblr blog post allows you to pay for your posts to have better placement in front of your audience or highlights a post to stand out on users' dashboards.From the post creation page, click "Promote this post" then select either "Pin this post" for $5 or "Highlight this post" for $2.

When you pin a post, it remains pinned to the top of your followers' dashboards until they remove the pin.
Highlighting a post means the post will have a glow around it to stand out from other posts, and include a tag to the right of the post.

Select a message for the tag using the dropdown below, after you select the "Highlight this post" radio button. Select the icon and color to the right. If you've already entered your credit card information, you can either confirm the payment, change your card, or cancel the order. Otherwise, type in your credit card information and click "Next" or use PayPal to pay for your promoted post.

10. Track Your Most Popular LinkedIn Updates
LinkedIn page analytics allow you to keep track of which of your company's updates are the most popular,and see how your LinkedIn page has grown over time. To access your company's analytics page, go to your company's page, then click "Analytics" at the top.Here, you'll see your company's most recent updates, with more information about each post to the right. To better understand your LInkedIn Reach, Engagement, Clicks, Likes, COmments, Shares, Range AND More… Grovo’s 1minute LInkedIn Analytics Overview will help:

Special thanks to Drew Hudson for today's guest post.  Drew Hudson is a Product Analyst and Writer for Grovo Learning, Inc. specializing in social media, cloud computing, and mobile apps. Since the turn of the decade, he has entrenched himself in the evolution of Web services and digital strategies and is an authority on the business impact of new Internet tools and trends. He writes several tutorial scripts each day, with tips on how to better use the Internet, and is a lead writer for the Grovo Blog. Besides keeping up with what's going on in the tech world and writing about it, Drew loves music, sports, and exploring the best of everything New York has to offer.

Why Hire a DUI Lawyer?

A DUI arrest is a serious charge which could result in the loss of your driver's license, thousands of dollars in court fines, the loss of your job, time in jail or even prison. A DUI conviction also acts as a prior, meaning that if you get a second or third DUI conviction, the penalties are drastically worse.

Despite these serious consequences, I am surprised on how many people try to represent themselves in court to save the costs of attorney's fees. In so doing, they often miss the deadlines to request a DMV driver's license hearing, lose their license, and then get the standard DUI punishment, even when a reduced punishment could have been negotiated.

If you are arrested for a DUI, you need a lawyer! A lawyer will help you schedule a timely DMV hearing which could help you keep your license. If a charge is filed against you in court, your lawyer's knowledge of the law could help you get your case dismissed, even if there is sufficient evidence for a conviction. For example, if the evidence in your case was obtained illegally, a lawyer can get it suppressed, which will usually result in the case being dismissed. Only someone well versed in the law, however, could recognize those types of errors.

In some cases, a lawyer is able to negotiate the DUI to a lesser offense that can save your license and have reduced penalties. If your case goes to trial, a lawyer can cross examine the prosecution's police and expert witnesses and point out limitations on the evidence.

I have been able to help my clients avoid the consequences of DUI, even when their cases seemed initially hopeless. For example, I had a client who refused to take an alcohol test at the police station. Normally, such a refusal results in the automatic suspension of a driver's license for an extensive period of time. I represented her at the DMV hearing, and she was able to keep her driver's license.

In court, I had a client who had multiple prior DUI's, and was looking at harsh penalties on the new DUI I was representing him on. Due to mistakes made by the police, however, I was able to get the entire case dismissed.

If you have been arrested for DUI, you need a lawyer as quickly as possible.

DUI Lawyer/ Hire a DUI Lawyer

Correlation Between DUI and Domestic Violence?

Many social scientists believe that domestic violence goes hand in hand with alcohol consumption and as the economy gets worse alcohol abuse is on the rise. DUI comes into play, according to one Long Beach Domestic Violence Attorney, when the misuse of alcohol becomes intertwined with Domestic Violence. As the situation escalates, often the abuser will find him or herself pushing the limits of societal norms and find themselves drinking and driving which may lead to DUI. The studies are awaiting peer review on this one, stay tuned.

The Right to an Independent Test in California

All states require a suspect in a drunk driving case to submit to a chemical test, breath blood or urine. In California if the arrestee chooses a breath test he also has the right to a second independent test of blood or urine in order to save a sample for retesting if he chooses. the test will be at the person's expense and is only permitted when breath is the first test. the rationale is that the breath cannot be saved and therefore if a sample is desired for retesting then a bllod or urine can be requested.

What is Retrograde Extrapolation?

In some cases a person's blood alcohol level may not be high enough to attempt to punish him or her for driving with a proscribed level. In these cases the prosecutor will try an "relate back" the BAC to the time of driving in an effort to show the BAC was higher at the time of drving versus the time the test was administered. Some believe that this is nothing more than an educated guestimate. To do this the DA will use an expert to use various "known" facts and assume the other unknowns. This practice is frowned upon by many DUI scientists yet many Judges will allow the evidence despite crticism by those in the scientific community.

6 Tips for Brands Using Vine a Instagram Video

Short-form video is an invaluable tool in the marketers kit. With the incredible popularity of Vine and Instagram videos as of late, the savvy marketers amongst you will no doubt have picked up on it’s plethora of opportunities and potential reach, with studies showing that 40% of the top 1000 most shared Instagram videos for last month were brand led.

In fact, Instagram's 15 second videos are creating twice the engagement that images do and not only are users watching but they are also sharing and embedding them. The downside of all this of course is that getting your content seen is even more of a challenge. Greater popularity = Greater competition meaning your video has to be even better than it’s multitude of competitors. But never fear! Here are some top tips to make your video the cream of the corporate crop.

1.) Tell a Story: Real Time is all well and good, but giving your story some context can make it even more engaging to the viewer. What do you want your video to say? Using it as a storytelling arc may mean more time prepping and planning - thinking about storyboards, angles, and what it is you are trying to achieve. This extra effort could, however, serve in making your video more memorable and aid it’s longevity.

2.) Listen!: Instagram & Vine are pretty much entirely mobile-based applications, so the sound quality can sometimes be hit-and-miss. Be sure to place yourself at a close enough distance to your object so that you can clearly capture what it is you want your audience to hear. It might even be worth using a microphone to get the crispest audio possible, especially when in a noisy environment.

3.) Have Some Fun: Never be afraid to show some personality in your content. Above all, Instagram and Vine are social platforms - people are waaay more likely to follow you for likeability over professionalism. Make sure you build relationships with your audience and maintain a strong sense of character throughout your videos. Having a personality can engage viewers and help cement good customer relationships.

4.) Use a Great Thumbnail: First impressions DO count! The thumbnail is the first thing viewers will see and has to encourage them to click through to the actual content, so it’s worth making them as appealing as possible. Pick one that could stand alone as a picture, but also teases the viewer into watching the whole video.

5.) Hold Steady: Mobile phone footage is the worst culprit when it comes to shaky, jerky shots. Stop moving and set the phone down on or against a steady surface, or better still, mount it on a tripod. If you absolutely must be holding the camera, consider keeping the focus object stationary in the shot whilst you move with them, it will help create smoother transitions and stop the overall footage from being too disjointed.

6.) Experiment with Angles: Unless you're doing a stop-motion piece, try and vary the perspectives of your shots as much as possible.Experiment with close-ups, wide shots, big reveals...just doing something as seemingly simple of this could make your video more interesting as well as provide you with some excellent practice.

Madeleine Hammond is a marketing executive at Skeleton Productions - one of the UK's leading video production companies.

How to Get Your License Back After an Under 21 DUI

A DUI arrest for an under 21 driver has serious consequences.  In California, anyone under 21 years old who has been convicted of driving while intoxicated/driving under the influence (DWI/DUI) or who has been found to have been driving with a .01% or more of alcohol in their blood will have his or her driver's license suspended for at least a year. If the individual does not live near adequate public transportation, must work to support the family or is responsible for the medical care of another family member, the court may issue a restricted license because of "critical need."  A mandatory 30-day suspension is required before filing the application. 

Here is the 5 step process to apply for the under 21 restriction.

First, Determine whether you meet the criteria to be considered for a critical need driver's license. If you were under 21 years old when you were arrested, tested positive for a 0.01 percent blood alcohol concentration and had your driver's license suspended, you may be eligible for a critical need license. One of the conditions for obtaining a restricted license is that you did not refuse to take the blood or breath test required by a peace officer to determine your alcohol level at the time of your arrest.

Second, Ensure that you meet critical need criteria. You are eligible for a restricted hardship license if the California Department of Motor Vehicles (DMV) determines that public transportation is inadequate and that you must operate the vehicle to transport a family member to and from the doctor's office or other medical facility, to travel to and from school, to go to and from work or to tend to some other family business for the purpose of acquiring income. Further, you must be legally present in California to qualify for a restricted hardship license

Third, Download the DS 694 application form titled "Application for Critical Need Restriction".  You must first check one or more of the reasons you need a restricted hardship license. These include "For Family Illness," "To and From School," "To and From Work" and "For Family Enterprise." Be sure to include your name, driver's license number, address, and other pertinent personal information. Next, describe your transportation needs, the distance the destination is from your residence and the route you drive to the destination. Include the other drivers in your household, their driver's licenses and the reasons they are unable to provide transportation

Fourth, Request the following individuals complete the Statement of Facts section on the application. If you are requesting a critical need restriction to transport a family member to receive medical care, have the physician state that your family member is unable to drive to and from her office and requires your help. If you are requesting a critical need restriction in order to drive to and from school, ask your school principal or dean to fill out the pertinent information on the application. Finally, if you are requesting this hardship restriction for employment purposes, ask your employer to complete this section on the application

Fifth, Complete the form and mail it to the address on the form. You may also attache other relevent documents such as enrollment in DUI education classes and the like, DMV will review the application and notify you within 10 working days whether or not your application is approved. If DMV approves your application, you must go to a DMV field office to complete the final section of the application, pay a $100 reissue fee and submit proof of insurance, which you must maintain for three years.

Drunk Driver Crashes into Another Drunk Driver

A 23-year-old suspected drunken driver from california nearly ran over CHP officers who were investigating a fatal wreck – also believed to involve alcohol -- this morning along Interstate 15 in Hesperia, according to CHP investigators and jail records.
The defendant was arrested this morning along Interstate 15 near Main Street and booked for investigation of drunken driving, jail records show. He was released after promising to appear in court to answer any charges that may be filed.

Officers caught the suspect driving a 2012 Honda Civic that traveled through a traffic cone-and-flare pattern that was supposed to keep motorists out of an accident scene that killed a driver at 1:05 a.m. today along the freeway’s southbound lanes near Bear Valley Road, investigators said in a written statement. The victim in that DUI accident was a man believed to be about 35 years old, CHP Officer Jaci Parent said early today from the traffic management center in San Bernardino. San Bernardino County coroner’s officials have released no information about that man or the incident.

The victim died instantly when the 2002 Lincoln LS he was driving changed lanes at high speed and hit the trailer of a 1999 Freightliner big rig.

“Alcohol is considered to be a factor in this collision,” according to the CHP statement.

5 Brands Using INFOGRAPHICS Well

One of the best ways to get an audience engaged and familiarized with your brand is through storytelling. Combine this with something visually appealing and you have the recipe for marketing gold.

Infographics are a great way of engaging and familiarizing a potentially huge audience with your brand. Here are just some of the best examples of businesses using infographics, and what you can take from them. 

1.) VERY - THE OFFICE CATWALK

This infographic from clothing brand Very is a great example of a brand who have kept their target audience clearly in mind throughout the creative process. In this case, it’s professional, young women. From the pink & white colour scheme right through to the statistics and market research, Very have created something that is both attractive, informative and appealing to their main demographic. Click here to see infographic

2.) VERACODE - RECIPE FOR A SUCCESSFUL RISK ASSESSMENT PROGRAM

Another great example of a brand with their target audience well in mind, Veracode got a bit creative with this infographic. In a play on the well used cooking guides, the risk assessment company came up with these ‘cooking tips for crafting a super-powered risk assessment program’. The various steps are paralleled by dinner party prep steps and the result is both engaging and informative. Click here to see infographic

3.) SAMSUNG - THE EVOLUTION OF SAMSUNG

In celebration of the launch of their Galaxy 4, Samsung released this infographic illustrating the brand’s growth from humble grocery beginnings to technology tyrants.  Founded in Korea in 1938, the chart documents some of the key points in their 75 years, leading right up to the release of their latest device.  Click here to see infographic

4.) HSBC - EMPLOYEE LIFETIME VALUE

British bank HSBC created this chart to help businesses calculate their Employee Lifetime Value (ELV). With a clear flow chart depicting the different steps you need to undertake, this is a great use of an infographic to help a specific demographic familiarise themselves with a new process as well as steps you need to then follow up on. Click here to see infographic

5.) ZENO MARKETING - 7 STEPS TO BUILDING A STRONG BRAND

Marketing department Zeno took a more literal approach when creating their ‘7 Steps to Building a Strong Brand’ infographic, which depicts the seven building blocks needed to...well, build a strong brand. It’s a more straight-forward approach but with creative patterns and bold text, is the all the more eye-catching. Click here to see infographic

Madeleine Hammond is a Marketing Executive at Skeleton Productions, one of the UK’s leading Video Production Companies. 

A Quick Primer on the Two DUI Crimes in California

In California, lawmakers have enacted two distinct crimes relating to DUI. One, VC 23152(a) requires proof of actual impairment.  Section 23152(b), added in 1981, made it unlawful for a person to drive with a blood-alcohol level of 0.10 percent or more, by weight, and specified that, “percent, by weight, of alcohol shall be based upon grams of alcohol per 100 milliliters of blood.”   To secure a conviction for this new “per se DUI” offense, the prosecution no longer had to prove the accused driver was actually impaired at the time of the offense, but only that heor she drove with a blood-alcohol level at or exceeding 0.10 percent.    In 1989, the California Legislature further strengthened our state‟s DUI laws by lowering the punishable blood-alcohol threshold from 0.10 percent to 0.08 percent.  This is the proscribed level today

 Therefore, after 1981 there were two parallel statutes making it a crime to drive while intoxicated.  The generic DUI provision (§ 23152(a)) retained the historical approach, requiring proof that the defendant was actually impaired by his drinking.  The per se DUI statute (Vehicle Code 23152(b)) simply required proof that the defendant had been driving with a blood-alcohol level over the legal limit.  If the limit was exceeded, the statute was violated, and no additional proof of the defendant‟s impairment was required. The interplay between the two statutes can often be confusing for laymen, an attorney should be consulted to explain the interaction of the two offenses in your case.

New Law Seeks to End Impound Abuse

Police agencies in California will no longer be able to freely impound cars from sober but unlicensed drivers who are stopped at drunk-driving checkpoints under legislation signed Sunday by Gov. Jerry Brown.  Under the new law written by Assemblyman Gil Cedillo (D-Los Angeles), if a sober driver is caught at a DUI checkpoint without a valid license, law enforcement officers must release the car to a qualified driver representing the registered owner. In cases where a legal driver is not readily available, AB 353 says, the vehicle is to be released to one later at the impound yard.

Some CA lawmakers have alleged that sobriety checkpoints have been misused by some cities to unfairly target illegal immigrants who do not have a driver’s license. Because cities can hold cars taken from unlicensed drivers for 30 days, the accumulated impound fees can turn out to be more than the car is worth, resulting in some drivers losing their cars.

8 Ways to Connect with Your Audience and Market Your Brand

When the Internet was made available to the public, few businesses and brands could have anticipated the powerful effect it would have on the ability to personally connect with a consumer audience population. Today, brands are able to metaphorically reach into the homes of consumers, evaluate their preferences and actions, and communicate with consumers on a very personal and intimate level. 

This type of communication is personalizing brands and making them more accessible to consumers. If your website is still struggling to connect with audience members, implementing a few of these strategies may help you market your brand.

Take Questions and Provide Answers

Questions and answers are one of the most popular content types for generating a positive brand image and establishing a business as a reputable source of information. Consumers are filled with questions about their favorite brands, products, services, and subjects, and if your brand can effectively answer these questions, you will generate some serious “fan affection.” Allow consumers to post their questions on your website or blog, and answer the questions as directly as possible.

Host a Contest

Hosting a contest for your consumer population is a great way to stay connected with consumers. People love contests, especially contests that offer a valuable prize such as a free giveaway, valuable discount, or high quality information and recognition. By regularly hosting contests on your website, you will improve your brand’s reputation and keep consumers coming back to your website for more opportunities.

Redesign Your Website

Sometimes, redesigning your website is all it takes to connect with your audience and market your brand as a forward-thinking, modern, and relevant entity. Adding a brand new WordPress template to your blog, for example, will show your readers that your site is continually changing and updating. Implementing new design features on your website will ensure that the site doesn’t become visually stale, too.

Create a Popular Blog

Creating a popular blog is a highly effective way to connect with your target audience. Consumers love blogs because they are simple and accessible sources for high quality information. Be sure that the content on your blog reflects the industry in which you want to make an impact. If you’re trying to sell men’s clothing, for example, a recipe blog isn’t going to allow you to cover much ground with your target audience population. The more you update your blog with relevant information, the more effective your brand marketing efforts will be.

Interact with Consumers via Social Media

Don’t neglect the affordable power of social media when attempting to connect with consumers and market your brand. Most social media networks offer free marketing efforts that simply require the investment of time and energy. You can attract consumers to your social media pages and use links and feature posts to direct them to your website.

Share Images and Video Content

Highly shareable content, like images or video content, are great ways to attract consumer attention and communicate something of value about your brand. You can use infographics, entertaining videos, product promotion videos, or other types of visual content to ensure that your brand remains relevant.

Create a Content Series

Anticipation is a great influencer amongst consumers. If you can create a highly anticipated content series that features “episodes” of content released at regular intervals, you’ll be able to attract incredible amounts of customer attention. Your target audience members will continually check back with your website to see when the next content installment is due to appear.

Treat Your Audience Like People

One of the biggest marketing mistakes that big-name brands make today is treating their consumer population like a massive group rather than a collection of individuals. This problem is increasing because of the massive number of ways that the Internet offers to connect with consumers. Because brands are able to create e-mail blasts delivered directly to consumer inboxes, advertising campaigns that are displayed on computers around the world, and even social media marketing campaigns that reach impressive volumes, it can be difficult to remember that consumers are individuals with individual needs, desires, preferences, and styles. 

Treating your audience members like people is a great way to connect with your audience as a whole and market your brand as something different than your run-of-the-mill business or organization. A brand that communicates directly with its consumers is refreshing and appreciated.

These are just a few of the many strategies that your brand can use to effectively connect with audience members and expand your brand’s reach while simultaneously improving your brand’s image. The Internet offers a myriad of opportunities, and all that is required of you is an investment of time and energy. The results of connecting personally with your audience members will be staggering for your brand’s popularity and reputation, so try implementing one of these great strategies today.

About author

Anny Solway is a dedicated writer at ThemeFuse – a web studio that creates original WordPress themes that can be used out of the box. She loves to share blogging and technology  tips.

Step by Step Process to Get Your Drivers License After a DUI in CA

The purpose of this article is to explain the process to obtain your drivers license following the Court disposition of your case. You will likely receive a letter from the California  DMV that explains your license is suspended as a result of the Court conviction, however if you read the letter carefully it explains that you may immediately obtain a restricted license. The following is what you must do:

1. Obtain proof of insurance by way of an SR-22 that must be filed with the DMV. This is done electronically directly from the company to the DMV.  It is best to do this as soon as possible.

2. Get enrolled in the Court ordered alcohol education program. The program will file the enrollment with the DMV, confirm with them that they have done so.

3. If the offense occurred in Los Angeles, get an Ignition Interlock installed in your car, for help with this contact an IID provider, let him know an attorney represented you and you will receive a discount off the normal fee.

4. Pay the re-issue fees to the DMV at any field office. Usually there a two fees, one for the Court reinstatement and one for the APS reinstatement.

5. Lastly, you must wait the mandatory period of time following the imposition of the “APS” suspension following the DMV hearing, APS order. This is no longer than 30 days, however, the period of time can be shorter if the hearing officer grants our request for a “back credit”. To determine this time period look at the start date of the suspension on the DMV decision, it is 30 days after that “start date”. In some cases the DMV hearing decision will have not yet been mailed by the time the Court case is resolved, in these cases you must wait for the outcome of the DMV hearing before your license will be returned.

DUI Convictions and the Suspended Drivers License

Of all the consequences that come with a DUI conviction, the harshest consequence of all is the drivers license suspension.  If you are convicted of a DUI, your driving privilege will be suspended for at least one year.  This suspension can impact your entire life, and may dramatically change your ability to go to work and go to school.  There are no exceptions.

If you live and work in a place with public transportation, or your work and/or school is close to where you live, this may be a minor inconvenience.  I have had clients who live in rural areas, but who commute to the city for work, and as a result of a suspension, they lose their jobs.

There are ways around the license suspension, but they are fact specific to each case.  For example, on a first time DUI, I have been able to negotiate an alcohol impaired driving charge instead of the full DUI.  Drivers License Division doesn't suspend a license for a first time alcohol impaired driving.  A second alcohol impaired driving, however, will result in a suspension, so if you are lucky enough to dodge a suspension the first time, learn your lesson. 

If you are being charged with a DUI, call me.  I will work hard to protect your driving privileges.

Reputation Management Using Social Media Accounts

Not too long ago, I started doing reputation management for a company that offers a beauty product. The product has been on the market a long time but recently updated to improve its efficacy and value.  Unfortunately the original business owners had never focused on reputation management for their company or this specific product, and the new owners inherited a reputation mess.

After a complete review of the website, page one and two search results, we put together a plan to leverage existing digital assets and build new ones that would serve as an effective way to enhance page one search results.  Primary social assets such as the Scalp Med Facebook Page, Scalp Med Linkedin Account, Twitter, etc. were all optimized for better search engine presence.  This involved reviewing each account, completing profile information, and embedding target keywords.

The second part of the strategy is leveraging citations.  Not a lot of people are familiar with the term but essentially, in addition to focusing on national search, we focused on Local Search.  Google is placing much more emphasis on business listings and local related factors that help verify business information and authority.

By combining both the optimization of existing social media assets as well as citations, we have been able to positively influence page one search results for the client.  However, some negative listings still persist.  In addition to the before-mentioned strategies, we also reached out to select affiliates who have authoritative websites and could rank assets rather quickly that are in support of the brand. This third prong of the strategy is proving effective as they have been able to influence rankings quickly with a positive result.

Some of you may be asking, "What's next?"  If you've created a reputation marketing plan and are now in a better position but still not showing a pristine online reputation, where do you go from here?  And the answer is that you remain persistent and continue to reinforce the assets that are appearing on page one and page two.  Slow and steady wins the race.  By focusing your efforts on a few, very authoritative assets, you can win in the long run, which should be your goal.

If you simple focus on trying to win the reputation game overnight, you'll have a really difficult time improving your online company view.  I like to use the phrase, "pick your square" which means that you need to focus on the digital assets that give you the best chance of showing up organically and pushing down negative results.

Reputation management and improving online search results for assets that reside on other pages (like your Facebook profile) can take time.  Be patient, continue to optimize, build quality inbound links, and you're sure to win!

How Will a DUI Conviction Effect My Record?

  Many of my clients are anxious to know how a DUI will effect them, and for how long. The concern is that a DUI conviction: limits your ability to drive, impact your employment opportunities, effects insurance rates, carries with it a social stigma, gives you a criminal record, and acts as a prior for future DUI's .

 In Utah, a DUI conviction will stay on your record for 10 years. A second DUI within that 10 years period dramatically increases the penalties you face if convicted again, and a third DUI within the 10 year period is a felony, punishable by up to 5 years in the State Prison.

Once ten years have passed, you will be eligible to expunge your DUI conviction, and it will no longer be used as a prior conviction. This ten year waiting period for expungement is the longest for any type of crime in Utah. For example, felonies can be expunged after seven years, and some misdemeanors can be expunged after three years, but any alcohol related driving offense must wait the full ten years.

I have been successful in negotiating with prosecutors to reduce a DUI charge to an alcohol impaired driving charge or even a non-alcohol related reckless driving, under certain circumstances. A reduction to straight reckless driving is not always possible, depending on the fact of the case, but when it happens, it reduces the time the conviction is on a client's record by more than half. A reduction to alcohol impaired driving can help you keep your drivers license, and lessen the impact on your insurance, but it acts as a prior conviction for future DUI charges, and cannot be expunged until after the ten year waiting period.

 If you want to avoid having a DUI on your record for ten years, call me to schedule an appointment. I will review the facts of the case and see what if any negotiations can be done to reduce your conviction. The best advice I have is not to drink and drive.

California DUI Laws

No area of the law has undergone such a significant change over the last 20 years than that of California DUI Law. Indeed, the legislature has tinkered and toyed with various aspects of the criminal drunk driving laws such as sentencing, enhancing sentences through new statutes that impose more severe jail requirements under certain factual circumstances such as speeding, having children in the car and having elevated blood alcohol levels. The state has shortened the time period that a DUI prior can be used in the current case. An increase in the length of DUI schools, adding three additional programs. All of these changes just in the last decade or so. What changes will we see in the coming years? Time will tell.

The Intoxilyzer

In the past, someone arrested for driving under the influence of alcohol (DUI) used to be given a choice of three tests to verify the amount of alcohol in their system: a blood, breath, or urine test.  Since then, urine tests have been found to be unreliable for concentration amounts.  Blood tests are invasive and involve a needle.  Because of this, a breath test has been the preferred choice by law enforcement and the accused.

To take a breath test, a person blows into a machine, called an intoxilyzer, and the machine figures out how much alcohol is in their blood.  If the result is a .08% blood alcohol content (BAC) or higher, then the person is deemed intoxicated and not safe to operate a vehicle.  A result lower than a .08% infers that the person may be safe to drive, but that can be challenged by the person's driving pattern and other factors.

An intoxilyzer is a machine, and is subject to problems, like any other machine.  Sometimes the results are not accurate, the machine may need calibration, and there is an expected variation in results.  Also, the operator must be trained and certified, and needs to keep the certification current.  There are also rules governing an observation period prior to administering the test to make sure that there is no alcohol in the test subjects mouth from burping or regurgitation that could effect the validity of the test.

If you have been arrested for DUI, and had to take a breath test, this fact will be explored in both the Drivers License Hearing and the prosecution of the criminal DUI charges.  I have successfully represented clients in challenging the validity of the intoxilyzer test results based on the problems with the technology, the failure of  a police officer to follow the mandatory protocols, and the failure of the officer to keep his certification current.  As a result, I have been able to help my client's keep their drivers licenses, and avoid criminal convictions.

Successful Affiliate Marketers' Best Tips And Tricks

Has someone ever told you to go into a place of business and tell them that they sent you? Well, if you have, you are already familiar with affiliate marketing. Though word of mouth is important, there are other web marketing campaigns that you can use to help your business and this article provides you with the tips you need to make it happen.

If your program is proving to be profitable, you should not hesitate to inquire about making more money for the work that you do. If you have made yourself valuable to the program through the amount of sales you are generating, they will want to do anything in their power to keep you.

An efficient blog or website is going to create far more affiliate traffic than almost anything else you can do. Be sure that your site is always streamlined and easy to use. A complicated site stuffed with junk content is going to immediately turn traffic away. So, make sure the site is clean and easy to navigate.

If you try one affiliate program and do not see the results that you were hoping for, do not hesitate to try another. Check into the affiliate program you are using to see if they offer any other products, services or payment structures. Some programs offer flexible plans so do your homework and find the one that fits best.

Even though this is the Internet, remember that the customer is always right. You do not want to lose customers because you are being too solid on your stance against someone you feel is incorrect. People talk and that can result in a serious loss in profits for the business.

Blogs are a great way to make money. If you do it right, internet marketing can really pay off. Blogs are a great way to give details about a company's products. A company may not have room on their website catalog to give you the information you need. Giving first hand usage information can pay off.

Some vendors want you to make use of their tracking software, which are generally scams. Avoid any trouble by using a respected, professional tracking system.

Keep track of your affiliate program results. Successful affiliate sales come from watching what works and what doesn't. Most affiliate programs include some type of tracking function that helps you see which links are working well and which ones need to be tweaked. Vary page positions, see what products sell where, which wording helps links perform better, and use it to plan your future affiliate program strategies.

If you are interested in getting involved in web marketing it is extremely important that you educate yourself on the subject. Search out all the pertinent information that you can find. Learn the basic principles of programming, HTML, data feed manipulation, and creating custom links. The more knowledge that you have, the better off you will be.

We are all familiar with the concept of affiliate marketing, we just may not understand its formulation. Hopefully, this article has provided you with the basics you need to start your affiliate promotion campaign in as formal or informal a manner as you might like. By following the tips from this article, you are helping to ensure the success of your program.

Public Defender vs. Private Attorney

Should I hire a private lawyer or just go with a public defender?  What's the difference between the two?  What advantage would a private attorney give me over a public defender?   These are important questions to ask yourself when charged with a crime.  Naturally you would want the best representation possible.  But is it worth paying thousands of dollars to a private attorney when a public defender is free?

To begin with, let's define the two.  In Utah, counties and cities open a bidding process to fill the position of Public Defender.  Bids come in from various attorneys with different levels of experience and expertise.  The Public Defender contract is usually given to the lowest bid, sometimes with no regard for experience.  Once the public defender is selected he or she is inundated with cases, appointed by the court, for defendants who qualify for free representation.  The case load is always very large, and very limited of time is given to each case because of the volume of cases.

Public defenders work with the city and county prosecutors to resolve each case as quickly as possible.  Because of the huge demand on the public defenders, defendants do not always get the best representation or defense in their cases.  I have heard many defendants upset and frustrated that their public defender has no time to return phone calls, refuse to prepare a suppression  motion, do a preliminary hearing, or take their case to trial, because they don' have the time.

A Private Attorney is a lawyer who is hired by a defendant to represent them in court.  Private attorney's have much small case loads, thus they have more time to work on a case, interview witnesses, investigate and meet with the client, even return phone calls.

Hiring a private attorney allows you to shop around, get referrals, research which lawyer has experience in criminal law, and which one is a general attorney, knowing a little bit about a lot of different areas.  Most private attorneys will allow you to come into their office for a free initial consultation.  This way, you can find out how experienced the attorney is, his or her feelings about your case, and the fee you would be charged.

The saying "You get what you pay for" is often very true when hiring an attorney.  The more experience, the better the representation and defense.  If you are charged with a crime, give me a call.  You don't want to chance your future with anyone else.