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...

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...

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...

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...

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...

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 drivingThe following are the administrative penalties for a DUI refusalA First refusal within 10 years carries a one year drivers...

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 prevail...

15 Internet Marketing Stats of 2013

addthis.layers({ 'theme' : 'transparent', 'share' : { 'position' : 'left', 'numPreferredServices' : 5 }, 'follow' : { 'services' : [ {'service': 'twitter', 'id': 'mfleischner'} ] }, 'whatsnext' : {}, 'recommended' : {} }); 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...

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 a...

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...

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...

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...

"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 togethe...

10 Social Media Tricks Your Small Business Needs to Try

var addthis_config = {"data_track_addressbar":true};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...

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...

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...

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...

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...

6 Tips for Brands Using Vine a Instagram Video

var addthis_config = {"data_track_addressbar":true};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...

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...

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...

5 Brands Using INFOGRAPHICS Well

addthis.layers({ 'theme' : 'transparent', 'share' : { 'position' : 'left', 'numPreferredServices' : 5 } }); 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 CATWALKThis infographic from clothing brand Very is a great example of a brand...

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...

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...

8 Ways to Connect with Your Audience and Market Your Brand

addthis.layers({ 'theme' : 'transparent', 'share' : { 'position' : 'left', 'numPreferredServices' : 5 } }); 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...

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...

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...

Reputation Management Using Social Media Accounts

addthis.layers({ 'theme' : 'transparent', 'share' : { 'position' : 'left', 'numPreferredServices' : 5 } }); 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...

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...

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...

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,...

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...

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...